Reports of the Superintendent and financial agent of the Texas State Penitentiaries

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OF THE
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SUPERINTENDENT AN~ FINANCIAL AG'.NT
OF THE
~Ii ~ ~~~tl TEXAS STATE PENITENTIARiES,
E~lBODYING
THE PROCEEDINGS OF THE STATE PENITENTIARY BOAR!>, AND
STATISTICAL AND FINANCIAL EXHIBITS; ALSO RE-PORTS
OF SUBORDINATE OFFICERS OF THE
TEXAS STATE PENITENTIARIES,
FOR TWO
YEARS ENDING OCTOBER 31, 1884.
AUSTIN:
1<;.W. SWINDELLS. STATE PRD1TRR.
1885.
REPORTS
OF THE
SUPERINTENDENT AND FINANCIAL AGENT
OF THE
TEXAS SrrATE PENITENTIARIES,
EMBODYING
THE PROCEEDINGS OF THE STATE PENITENTIARY BOARD, AND
STATISTICAL AND FINANCIAL EXHIBITS; ALSO RE-PORTS
OF SUBORDINATE OFFICERS OF THE
TEXAS STATE PENITENTIARIES,
FOR TWO
YEARS ENDING OCTOBER 31, 1884.
AUSTIN:
E. W. SWINDELLS, STATE PRINTER.
1885.
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PRISON ROSTER.
STATE OFFICERS
PENITENTIARY BOARD.
JOHN IRELAND, Governor Austin
~ :~;:~:~:'S, } Commissioner~ , Austin
JOHN T. DICKINSON, Secretary Austin
THOS. J. GOREE, Superintendent Penitentiaries Huntsville
HAYWOOD BRAHAN, Financial Agent Penitentiaries Huntsville
D. M. SHORT, } , { Center
Inspectors Outside Camps .
1. W. MIDDLEBROOK, Columbus
HUNTSVILLE PENITENTIARY.
BEN. E. McCULLOCH, Assistant:Superintendent .Huntsville
R. H. BUSH, Prison Physician Huntsville
H. M. DuBOSE, Prison Chaplain Huntsville
RUSK PENITENTIARY.
F. P. O'BRIEN, Assistant Superintendent Rusk
W. G. JAMISON, Prison Physician Rusk
J. C. WOOLAM, Prison Chaplain ' Rusk
1882 TO 1884.
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PENITENTIARY REPORTS.
OFFICEOF SECRETAltY,
STATEPENITENTIARYBOARD,
AUSTIN,TEXAS,January 1, 1885.
To His Excellency Governor John Ireland, President state
Penitentiary Board:
SIR-As Secretary of the Penitentiary Board, I have the honor
to present to your Excellency the accompanying reports of
Thos. J. Goree, Superintendent, and Haywood Brahan, Finan-cial
Agent of the State penitentiaries, containing a detailed ac-count
of the operations of the penitentiaries for the past two
years ending Octoberjat, 1884, including statistical and financial
exhibits submitted by them, and reports of subordinate officers
for the same period of time.
In the reports of the Superintendent and Financial Agent
there are alseembodied the acts of the State Penitentiary Board
during the past two years, as furnished these officers from the
record of the proceedings of the board, on file in this office.
Respectfully,
JOHN T. DICKINSON,
Secretary Penitentiary Board.
REPORT OF SUPERINTENDEN~
OFFICEOF SUPEHINTENDENTTEXASPENITENTIAR,Y
HUNTSVILLE,TEXAS,December 24, 1884.
Governor John Ireland, President Penitentiary Board:
GOVERNOR.:The following report of operations of the peni-tentiaries
for the two years ending October 31, 188-1, is respect-fully
submitted:
Attached to and made a part hereof are tables showing in de-tail
the various changes in the prison population, and furnishing
such other data as is required by law.
At the date of my last report, the Rusk penitentiary had not
. been organized, and the Huntsville penitentiary, with all the
convicts, was still being operated under the Ounningham &
Ellis lease.
This lease expired by limitation December 31, 1882.
Previous to that time, on November 29, 1882, the former peni-tentiary
Board leased the Huntsville penitentiary and one-half
the convicts to MASSI'SO. unningham & Ellis, and the Rusk peni-tentiary
and the other half of the convicts to Messrs. Morrow,
Hamby & 00., subject, however, to the approval of the Eigh-teenth
Legislature.
These leases went into effect January 1, 1883, but being sub-sequently
revoked by said Legislature, they terminated May
15, 1883, when the State resumed control of both peniten-tiaries
and all the convicts.
Previous to January 1, 1883, an equal division of the convicts
had been made, and one-half assigned to each penitentiary.
During the month of January, 1883, the organization of the
penitentiaries was completed by the appointment and qualifica-tion
of the following named officers, to-wit:
..
Ben. E. McCulloch, Assistant Superintendent Huntsville penitentiary
D. M. Short, Assistant Superintendent Rusk penitentiary
J. VV.Daniel. ~ Inspector of outside convict camps
At the date of resumption the convicts were distributed as
follows:
6 PENITENTIARY REPORT.
•
At Huntsville penitentiary ·.········· . .. . . .. . .. 419
At Rusk penitentiary _ _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
On railroad construction trains.. .,. 662
On Brazos farms, . . . . . . . . . . . . . . . . .. 949
No changes of importance were made in this disposition of the
convicts but the contract then existing, as made by the late
lessees, were assumed by the State and carried out in good faith.
The Seventeenth Legislature had made appropriations for each
Penitentiary for purpose of making improvements, purchasing
machinery, etc., as follows, viz:
Huntsville penitentiary., . " ' - $ 50,000
Rusk penitentiary. .. _ '................. 135.000
A portion of the Rusk appropriation had been expended, as
shown in my last biennial report, but none of the Huntsville
appropriation, when the new leases were made. By a provision
in these leases, the lessees were to have the use of these appro-priations,
to be expended as contemplated, under the direction of
the Penitentiary Board. '
They had contracted for much of the machinery before the
revocation of the leases, but when the State resumed, little of
it had been received and none placed in position.
The machinery thus contracted for was carefully selected by
competent machinists, and is first Class in every particular.
The appropriation for Huntsville has been expended in round
numbers as follows:
For machinery for boiler and machine shops .
For machinery for factory - ' . . . . . . . . . . . .. . .
For machinery for wagon shops _. - . . . . . .. . - .
For machinery for cabinet shop ' , .
For machinery for shoe shop : ' .
$27,00000
10000 00
9,50000
2,000 00
1,500 00
Total. . . .. . . .. .., ,.......... $50,00000
The Rusk appropriations about as follows:
Machinery, material, etc., for blast furnace , .
• Railroad spur it miles ' ' .
Lands , - ,
Machinery and material etc., inside shops .
Laundry machinery and material .... t ••••••••••••••• - •••••••••••
Drainage, water works, gas machine, etc ' . . . . .. .. . .
$55,000 00
13,000 00
1,850 00
55,000 00
2.000 00
8,15000
Total. , , $135,00000
Filed against these several appropriations i~ the office of the
Comptroller will be found vouchers showing in detail how, when
and where they have been expended.
PENITENTIARY REPORT. 7
When the State resumed control of the penitentiares an inven-tory
was made of the-property turned over to the State by the
lessees, and final settlement made with them, when it was
found that the. State was indebted to Cunningham & Ellis
$55,444.98, and to Morrow, Hamby & Co. $12,719.56, which
amounts were paid them from appropriations previously made
for that purpose.
The State, in the settlement with Messrs. Cunningham & Ellis,
purchased from them their prison farm, near Huntsville, con-taining
1,900acres of land, 900in cultivation, under good fence,
with growing crop of corn, cotton and vegetables; the place
having good dwelling house. prison house, etc., and well stocked
with teams and farming implements, all for the sum of $21,000.
This purchase was a most excellent investment for the State.
From Cunningham & Ellis was also purchased their interest
in the growing crop, on farm of Rev. J. G. Johnson worked with
convictlabor, Fiom Messrs. Morrow, Hamby &. Co. was pur-chased
their interest in growing crops on Reagan and Guinn's
farms, near Rusk, worked with convict labor.
After resumption the Board decided to try and make contracts
for most of the shops and industries at both penitentiaries, and
advertised for bids for labor, shops, etc., at the Rusk penitentiary
and for all the shop, except shoe shops and factory at Hunts-ville.
This resulted in contracts being made with Messrs.
Wiggins & Simpson for seventy-five convicts and machine.and
boiler shops and foundry, and with Messrs. H. C. Still & Bro.
for thirty-five convicts and shop room to make saddle trees,
stirrups, etc., at Huntsville, and with Messrs. Comer & Fairris
for 1000convicts and the shops, machinery, iron furnace, etc.,
at the Rusk Penitentiary.
Several unsuccessful efforts were made during last year to
contract other shops and convicts at Huntsville. The leading
idea was to comply with the law, and get as many convicts as
possible profitably employed within the walls of the peniten-tiaries.
Failing, after several efforts, to make other contracts,
it was determined that we should operate the wagon and cabinet
shops; as well as shoe shop or factory, on State account.
THE HUNTSVILLE PENITENTIARY
is under the immediate supervision and control of Capt. Ben. E.
McCulloch. Assistant Superintendent.
After the contracts above mentioned were made, there was
much work to be done, especially' in getting ready for Wiggin
v
8 PENITENTIARY REPORT.
& Simpson, and in getting ready the shops for the wagon and
furniture departments.
The work done has been of the most substantial kind. I may
mention, among the most important improvements made, the
brick foundry, used by the Wiggin-Simpson Company; the con-version
of the old cell buildings into large, commodious, well-ventilated,
two-story shops; the building of a spur railroad into
the prison yard; the construction of a good system of water-works,
giving us what we have so long needed, a protection
against fire; the placing into position of the $50,000 worth of
new machinery in the different shops, and many others, all of
which were necessary to the proper operation of the industries
here.
The discipline of the prison is excellent. The convicts have ,
been well fed and clothed and kindly treated. For what has
been done, Assistant Superintendent McCulloch deserves much
credit. He has shown himself a thoroughly practical business
man and a faithful, efficient, vigilant and humane officer.
THE H. C. STILL & BRO. CONTRACT.
These gentlemen contracted for thirty-five convicts-twenty-five
at 60 cents each per day and ten at 50 cents each per day.
They furnish their own machinery, but the State furnishes the
power to run it. The State guards, clothes and feeds the con-victs,
and deducts the time lost by sickness and stoppage of
power.
They manufacture saddle-trees, stirrups and girths, turning
out good work in large quantities. Their contract is working
very satisfactorily.
THE WIGGIN-SIMPSON co. CONTRACT.
These contractors have seventy-five convicts at 60 cents each
per day. They contracted for machine and boiler shops and
foundry, in which is a large lot of fine new machinery, belong-ing
to the State, which they have the use of. They furnish
their own power to run this machinery.
They are turning out most excellent work from their shops,
but owing to the depressed financial condition of the country,
they find but little sale for their products.
I am exceedingly anxious to see both these firms succeed in
their undertakings here, both on their own account and because
their success may induce others to contract for labor and shops.
PENITENTIARY REPORT. 9
STATE INDUSTRIES. .. The factory and shoe shop are used principally in making
clothing and shoes for the convicts. We make some Osnaburgs
and sheetings, for 'which, at certain seasons of the year, a sale
is found at a very small profit above the cost of production. In
the shoe shop some excellent custom work is.done upon orders,
WAGON AND FURNITURE SHOPS.
Since the determination to operate these shops upon State ac-count,
the machinery has been placed in position and material
accumulated' , but .much cannot be done in these departments
until the lumber becomes thoroughly seasoned. We ought to
have at least three years' supply of wood material on hand for
each of these industries. It is better not to manufacture wagons
and furniture at all, than to use unseasoned material.
Failing as we have done, to make contracts to operate our
prisons on the contract system, the State account system is the
only one left us. Nothing should be left undone by the Legisla-ture
or the penitentiary management to make it a success.
If an individual, or private corporation or company, proposed
to enter into a manufacturing business, it would first determine
what amount it was proposed to manufacture, and then what
capital would be necessary, and such capital is furnished. Now
if the State expects to go into a manufacturing business and
operate it with any degree of success, then it must be ma~age.d
and provided for just as a successful private undertaking IS
managed. A sufficient capital must be provided.
The great end in view in this matter, is to furnish profitable
employment for as many convicts as can be accommodated
within the penitentiary walls.
For further information in regard to this penitentiary refer-ence
is had to accompanying reports of Financial Agent H.
Brahan and Assistant Superintendent McCulloch.
THE HUSK PENITENTIARY.
When the State resumed there were 277 convicts confined in
this penitentiary. They had been for months in comparative
idleness. When the new machinery and material began to ar-rive
they were employed in building furnace, making brick,
placing machinery and making other improvements necessary
for the utilization of the prison and convicts.
I employed Mr. Matt F. Allen, of Nashville, Tennessee, to super-
10 PENI1'ENTIARY REPORT.
intend the placing of the machinery in the shops, setting of
boilers, engines, etc., and Mr. R. A. Barrett, of St. Louis, an
efficient furnace builder, to supervise the erection of the blast
furnace and the . machinery and buildings connected therewith ,
according to the plans furnished by the furnace architect and
engineer, Mr. E. C. Darley, of St. Louis. Mr. Darley also gave
his personal attention to the selection and purchase of the
machinery and material used in the construction of the furnace.
All of this work was done by the respective parties in the most
thorough and satisfactory manner. The departments on the in-
Ride fitted up with good machinery, power, etc .. are as follows:
The foundry, blacksmith shop, machine shop, wagon shop and
furniture shop. There are two large shops not yet furnished
with motive power and machinery. The prison has been
furnished with a good laundry and laundry machinery, and with
gas machine, pipes and appliances for lighting prison buildings
and furnace yard. Only such improvements have been made
as were necessary.
The furnace plant is a most excellent one, and I think all that
is needed to make iron-making a success there is good manage-ment.
The furnace as originally constructed was according to
the most approved modern ideas and plans of charcoal furnaces.
The work was nearly all completed and the prison ready for
the contractors before January 1, 1884. Owing to changes of
officers, an accurate account has not been obtained of the num-ber
of days labor performed by con victs, in making improve.
ments at Rusk, but from the best data obtainable I think a fair
estimate of the value of said labor, and the prison teams
employed, would be $20,000, for which the prison should have
credit.
For various reasons I felt it my duty to spend a great part of
my time at the Rusk Penitentiary in 18B3, even to the neglect of
other duties, and hence gave the work there a great deal of'my
personal supervision.
In June 1883 Assistant Superintendant Short was succeeded by
Co1. J. W. Daniel, who was assistant superintendant until about
November 1, 1~3, when he resigned and was succeeded by the
present incumbent, Capt. F. P. O'Brien.
THE COMER & FAIRRIS CONTRACT.
This contract, made by the Board with Comer & Fairris in
Jul!, !883, to take effect January 1, 1884, while apparently very
plam and clear in its provisions, has created much discussion as
to its proper interpretation.
PENITENTIARY REPORT. 11
The terms of the contract are about as follows:
1. The State to fur~ish to Comer & Fairris the labor of one
thousand convicts for term of ten years, to be used in operating
the Rusk penitentiary and industries connected therewith; said
convicts to be divided into three classes.
2. The State to furnish and pay under officers and guards for
said convicts, to clothe the convicts, and, in fact, to furnish
everything incidental to the management and keeping of the
convicts, not to be performed by the contractors.
3. The contractors to have the use of all shop buildings, ma-chinery
and tools, the blast furnace, ore privileges, and wood on
State land for fuel ann. steam purposes, th spur railroad, and
all other property belonging to the State not reserved.
4. The State reserved administration and all buildings, and
such tools, wagons, teams and other property as might be needed
for use of State.
5. Contractors to pay monthly for the labor at rate of one hun-dred
dollars per annum for first class, seventy·five dollars for
second class, and fifty dollars per annum for third class hands.
6. The contractors to feed all convicts and guards, to keep
buildings arid other property turned over to them in g?od repair.
7. The State to furnish. ninety days after executIOn of con-tract,
such surplus hands as might be at Rusk, free of charg.e, to
get material, make tools, etc., to operate funnace and peniten-tiary.
.
8. Convicts to be worked according to rules.
9. Contractors to work outside the walls of the prison on~y
such number of convicts as might be necessary to cut wood, dig
ore, burn coal, get lime rock, saw lumber and make provision.s
and forage for the necessary operation of the furnace and pent-tentiary.
Under no circumstances could much more be expected under-this
contract for the State, than to pay expenses and make the
penitentiary self-sustaining. Before the contract :was entered
into it was estimated that about three hundred oonvicts could do
the outside work. The greater the number of convicts worked
on the outside the greater the number of guards would be re-quired,
thereby rendering the contract more burdensome t? the
State; hence, in the execution of the contract I deemed It my
duty, in the interest of the State, to insist on a strict construc-tion
of the clause in regard to outside labor. The contractors
construed the clause allowing them to work convicts on farms to
make provisions and forage, as giving them. the ~i?ht to use
such number of convicts as they saw proper m raising cotton.
This construction I resisted, and was sustained by the Board.
12 PENITENTIARY REPORT.
As soon as it was found that the convicts could not be used
under the contract for raising cotton, then the contractors de-si~
ed to have t~e contract modified, so they might commence
with not exceedmg five hundred convicts. This was acceded to
by the Board. I could have furnished them with the one thous-and
convicts contracted for, but to have done so, would no
doubt have embarrassed them financially; and besides it would
have been demoralizing and subversive of good decipliue to have
seven hundred convicts confined in the walls in idleness, for up
to January 1, and afterwards, but little or no preparation had
been made for employing any considerable number of convicts
inside the walls.
Underthe.clause of the contract by which the State agreed
that t~ey might have the use of surplus labor without charge,
I furnished them with from sixty to eighty convicts for more
than two months before January 1, 1884. The contractors com-menced
January 1, 1884,with two hundred and eighty men
hi h b ,
W lC number was increased in a few days to four hundred, and
then gradually to five hundred. In the classification about fifty-five
per cent were first class, thirty per cent second and fifteen
per cent third class. '
The blast furnace was started in the latter part of Februarv
last, but the results from it were unsatisfactory, as it failed to
turn out the .quantity or quality of iron expected, the yield being
only about eight or ten tons per day, when, the furnace was ex-pected,
under proper management, to yield twenty-five to thirty
tons per day. The trouble was attributed to various causes but
finally it was concluded that the furnace was not properly 'con-s~
ructed, and that the bosh or lower part Of it, was not in the
right shape to produce the best results. Hence, after a blast of
about two ~onth~, it was blown out, and the bosh changed. It
was blown m agam about the first of June, and it was claimed
\ ma?e more and better iron, but still its workings were far from
satisfactory, and it was banked and stopped about the first of
September, because, as alleged, of an insufficient supply of wa-ter.
When the furnace was blown out the first time in the latter
part of .April, the contractors wired me to meet them in Austin,
and I did so. They claimed that they could not operate the fur-nace
~uccessfully unless permitted to change it; that they could
not dIsp~se of their products for cash, and if they did not get
so~e relief from the State would not be able to proceed with
their contra?t. Such relief as they asked for was granted by the
Board, to-WIt: four months time on their April, May, June and
PENrfEN'fIARY REPORT. 13
July labor bills, and an advancement for provisions, for guards
and convicts until September 1, said advances to be repaid with-in
four months. Other concessions were also made to them.
Up to this time th~y had only paid for their labor for three
months. Under the concessions made, their first payment for
labor became due September 10, 1884. As before stated, the
furnace was banked about the first of September, and on the
fifth they wrote me proposing to surrender contract, because as
claimed of lack of harmony that existed between their employees
and the officials of the State.
Their proposition was submitted to the Board and terms of
settlement agreed upon. At that time their indebtedness to the
State was over $25,000. It was agreed to receive certain ma-terial
and other property in payment of said indebtedness, to be
appraised as provided in the original contract. This appraise-ment
wasmade, and after much trouble a final settlement had.
Much, if not all the material taken, can eventually be used in
the operation of the penitentiary, but taken altogether a better
lot of material could have been selected elsewhere for less
money. Major A. E. Davis, of Walker county, Texas, repre-sented
the State in this appraisement, and used his best en-deavors
to protect the State's interest.
Notwithstanding the failure of Messrs. Comer & Fairris, I
have. faith in the eventual success of the iron interests connected
with the Rusk penitentiary. The furnace plant is a good one
as originally constructed; the iron ore is convenient, abundant
and of fine quality, there is a plenty of good wood accessible for
charcoal. Lime rock is inconvenient, and transportations for it
high, but it can be procured, and in my opinion the only thing
that is needed to make good iron, and a plenty of it, is good
management.
I respectfully recommend that a first-class furnaceman be pro-cured,
and that the furnace be run on State account. With even
the high rates of freight now prevailing, pig-iron ought to be
made at a cost not exceeding fourteen dollars per ton. The run-ning
of the furnace alone will give employment to at least two
hundred and fifty convicts. The demand for pig iron in the
State is not sufficient to justify its manufacture, and the high
rates of freight to St. Louis will not admit its being shipped
there. Hence the whole product of the furnace should be con-verted
into some merchantable castings in the prison, for which
a market can be found in this and adjoining States, and Mexico.
I would suggest first, the making of car wheels, for which this
iron is not excelled; then stoves, plows, water pipe, hollow
14 PENITENTIARY REPOR'f.
ware, etc.. etc. These industries may be inaugurated and grad-ually
developed, so that in a few years employment may be
found for all the convicts for which the prison has capacity.
To inaugurate such an enterprise, less money would be re-quired
than to stock a first class wagon shop with material for
one year. If the furnace be successfully operated, as I feel sure
it can be, then preparation should be made to start at once some,
if not all the industries suggested. To do this, a liberal appro-priation
should be made, say of $100,000,to purchase timber for
coaling purposes, teams, and necessary machinery for each in-dustry.
There is a fine lot of wood machinery on hand, suitable for
-the purpose, and in due time a car factory might be started for
flat and box cars.
The costliest item of pig-iron manufacture is charcoal. We
have on hand now about 300,000 bushels, worth $18,000-a
sufficiency to run the furnace three months. In ease it is deter-mined
to run the furnace on State account, proper prudence
would demand that several thousand acres of timbered land be
secured for charcoal purposes.
The most serious drawback existing at present to the suc-cessful
operation of the Rusk penitentiary is the want of proper
railroad facilities. A standard gauge road is badly needed, and
it would be good policy that inducements be offered to some of
the projected roads to build to Rusk; or to the Iuternational, to
extend a tap in that direction. The prison is now connected
with the outside world by on1y a single line of narrow gauge
road, and transferring freights to and fro is a very serious and
'costly matter.
With a standard guage connection there is no reason why this
penitentiary can pot be more successfully operated than the one
at Huntsville. Its cell capacity is greater than at Huntsville.
ThJre is more shop room and the shops are larger and better ar-ranged.
The water supply is better. The machinery is equally
as good if not better, and in short it, is superior to the Huntsville
penitentiary in all its appointments, and although it is nearer the
eastern boundary of the State, it is more accessible to two-thirds
of the State than is Huntsville.
It ought very soon to be determined as to what shall be done
with this penitentiary and convicts. There are now nearly 600
convicts there. Since the surrender of the Comer & Fairris con-tract
we have employed them as best we could, but have found
no remunerative employment for them. A portion of them have
been utilized in cutting wood for coal, and in burning the wood
aken in settlement from Comer & Fairris into coal.
PENI'I'ENTIARY REPOR'f. 15
The dam at the reservoir, which was broken by the floods I
'spring, has been rebuile- in the most substantial manner. We
have also made about 1,000,000fine brick, a part of which have
been sold, and balance still on hand.
We might continue to accumulate the stock of charcoal, and
thus find employment for the convicts, but our coal house will
be insufficient to hold more than we now have.
Sometime since we had a proposition from the president of the
'K. & G. S. L. R. R. to complete the said road from its present
terminus, Alto, Cherokee county, to its junction with Bremond's
road, in Angelina county; but while negotiations were pending
the principal owner of the road died, and nothing has been done.
Could we have taken this contract it would have afforded re-'
munerative employment for about three hundred convicts, for
two or three months this winter.
I may mention in connection with the Rusk penitentiary, that
the running expenses of the prison have been large in compari-son
with the Huntsville penitentiary, because of the necessity for
working so many convicts outside the walls, requiring a very
large guard force.
For further information in regard to the Rusk penitentiary, I
respectfully refer to the accompanying reports of Assistant Su,
perintendent O'Brien, Dr. Jamison, penitentiary physician, and
Rev. J. C. Woolam, chaplain.
Captain O'Brien, in the discharge of his duties as Assistant Su-perintendent,
has had a very difficult position to fill, and it affords
me pleasure to certify to his sterling worth as a man and officer.
He has conscientiously endeavored to perform his duty, as he
understood it, and could not be swerved by any considerations
from what he thought was right.
PRISON POPULATION.
As will be seen from the statistical tables, the prison popula-tion
continues to steadily increase:
Number of convicts on hand November 1, 1882 2278
Number of convicts on hand November 1, 1884 2539
A net increase in the two years of " . . . •. . .. . . .. . . . . . . .. . . . . . . . . . 261
For the two years ending November 1, 1882,there had been
received 1653 new convicts and 74 recaptured. For the two
years just closed, 1805new convicts and 95 recaptures.
Since November 1, 1884,up to date of this writing, December
24, 1884,the net increase of convicts has been 93, making the
number on hand 2632. '
7
16 PENITENTIARY REPORT.
This large increase has been in spite of the fact of a large
escape and death list, and an unusually large discharge list.
At this rate of increase, we may, within the next three years,
confidently expect a prison population of 3000. What will we
do with them, or even with those we now have? is a question of
the very gravest import.
The latest legislative action requires the Penitentiary Board
only to confine the "convicts within the walls of the peniten-tiaries
as soon as suitable prisons can be provided for their con-finement
and employment in such manner that they will be
self-supporting. "
Now we have two penitentiaries, which, if filled to their ut-
-most capacity, will only accommodate one thousand six hun-dred
convicts. At present that number or convicts cannot pos-sibly
be made self-supporting inside the walls, because of the
want of adequate machinery, material, etc. Such industries as
have been already inaugurated at the prisons, and commenced
on a small scale, will have to grow gradually to give employ-ment
to any considerable number of convicts, unless, perchance,
the State is in a condition to appropriate sufficient sums of
money to purchase all the machinery and material, at once,
needed for the successful operation of these industries, with all
the convicts that can be accommodated. Although the public,
or a large portion of it, is clamorous for the confinement of
convicts within the walls, yet at the same time the demand is
made that they be self-supporting. This can only be done either
by the immediate expenditure of large sums of money, or by the
slow and gradual process, which would not be satisfactory with
the impatient public. But even if the present penitentiaries be
filled to their utmost capacity with convicts profitably employed,
but little more than one-half of the prison population will be
provided for, and' either additional penitentiaries will have to
be provided. or a large number will have to be continued at out-side
labor.. There certainly should be a well-defined policy
determined on.
If new penitentiaries be determined upon, then the sooner
they are provided the better. If the policy of outside labor is
to prevail let it be distinctly declared, so that better and more
permanent provision can be made for it.
The industries to be carried on either in the present penitenti-aries,
or in new ones to be established, should be such, if possible,
as will require the greatest amount of labor and the least outlay
for raw material.
The depressed condition of the country financially during the
PENITENTIARY REPORT.
present year, has affected penitentiary interests equally as much
if not more than other interests. It has thrown back upon our
hands quite a large number of convicts for whom it has been
utterly impossible to find profitable employment. or even employ-ment
of any kind. '
At the close of last year I bad confidently expected that the
close of the present year would show a net' profit of at least
$100,000to the credit of the Penitentiaries. The report of the
financial agent will show why it has not done so. '
DISCHARGES.
During the past two years the number of convicts discharged
because of expiration of sentence has been unusually large. It
would have been larger, but a very considerable number of those
who have been pardoned, were pardoned just previous to expi-ration
of sentence, in order to restore them to citizenship.
. ESCAPES.
I again am compelled to report a large number of escapes, but
am gratified to show some improvement is being made in this
respect. '
The two years ending December 1, 1878, showed escapes.: .. ' 495
December 1, 1878, to November 1, 1880....•....... , , 366
November 1,1880, to November 1, 1882 .' 397
November 1, 1882, to November 1. 1884 , 273
Since November 1,1883, only : 110
The comparison will appear still more favorable when it is
considered the great increase in the number of convicts. During
the years 1877 and 1878,when there was so many escapes, the
average number of convicts was less than sixteen hundred, with
about twelve hundred at work outside the walls. During the
last two years the average has been not less than twenty-four
hundred, with an average of at least seventeen hundred work-ing
outside the walls.
Of the two hundred and seventy-three escapes only three have
escaped from the prison walls, one from Huntsville and two
from Rusk. The two from the latter place were recaptured in a
few hours. There were one hundred and thirty-five escapes
from the railroad forces; one hundred from farms, and thirty-five
from other convict forces, while at work out ide the walls.
During the two years seven convicts have been killed in at-tempting
to escape, and fourteen wounded.
17
18 PENI'l'ENTIARY REPORT.
DEATHS.
As stated in previous reports, the greatest evils resultant from
the system of outside convict labor are deaths and escapes.
This report shows the same number of deaths as in the pre-ceding
two years; but taking into consideration the increase in
prison population, the percentage is not so great.
The greatest mortality has been in the railroad forces, in pro-portion
to t1te number of men employed:
Number of deaths at the Huntsville penitentiary. 0 0 0 .0 0 0 00 0 •• 0 0 0 •••• 0 • • 70
Number of deaths at the Rusk penitentiary .... 0 ••• 0 •••••••• 0 ••••••• " 36
Number of deaths at the farms .... 0 ••••••••••••• 0 •• 0 0· ••••••••••••••••• 0 56
Number of deaths on the railroad trains 0 ., •••• 0 •••• • • •••••• ••• 44
We have done whatever we could to have the convicts in out-side
forces properly cared for in cases of sickness. Where the
convicts have been stationed on farms the best physicians have
been employed by the year to attend to them, and prison hos-pitals
have been provided. On railroad trains the sergeants
have been instructed to employ physicians promptly when
needed. In nearly every case of death from disease a physician
has been in attendance, and, except in a very few cases, the
physicians have furnished certificates showing that the convict
received proper attention during sickness.
DISTRIBUTION AND LOCATION OF CONVICTS.
At the date of my last report the 2278 convicts then on hand
were located and employed as follows:
Prison proper at Huntsville 0 •••••••• 0 ••••••• ,. 502
On railroad construction trains 0 : 0..... .. . 694
On farms. . . . . . . . . . . . . . .. . 0 • 0 • •• •••••••• ••••••• •• •••••••••••••• 1,065
Miscellaneous · 0 ••• 0 ••••••• 0 •• ••••••••••••••• 17
Total. . . . .. . 0 • • •• • •••••• 0 ••••••••••• 0 • • • 2,278
At this date, November 1, 1884,the ~539convicts on hand are
located and employed as follows:
Prison proper at Huntsville 0 •• '0' ••••••• 0 • • • • • • • • • • • • • • • • • • • • • • • • • • 660
Prison proper at Rusk 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 555
On railroad construction trains............ . 0" . • . . . • . . . •• • • • 176
On farms , r'" o •••••••••••••• :. 0 • 0 ••• ••• •• •• • • ••• 1,148
Total " 2,539
DISCIPLINE AND TREATMENT OF CONVICTS.
At. the prison proper, and the camps immediately connected
PENITENTIARY REPORT. 19
therewith, the discipline is excelient, and I know that there is
no just cause of complaint as to treatment. The convicts are
well fed, well clothed'" moderately worked and properly cared
for' in sickness. There has been no illegal punishments, and
such as have been legally inflicted were only sufficient 1;0 preserve
proper subordination and discipline.
OUTSIDE CONVICT CAMPS.
At the outside camps distant from the prison the convicts
have had little cause to complain as regards quantity and qual-ity
of food. There has been furnished an abundance of good,
substantial food, but the variety of food has not always been
as great as it should be. An abundant supply of clothing, bed-ding
and shoes have been furnished to all the camps from the
Huntsville prison, but many of the sergeants in charge have
not taken the care of convict clothing that they should do, and
in ~ few instances there hat; been a waste. As before stated,
every precaution possible has been taken to provide proper med-ical
attention at these outside camps.
Occasionally there have been instances of violation of the
rules and mistreatment of the convicts at some of the camps.
Even with stringent rules, severe penalties and the closest inspec-tion,
it has been found impossible to entirely prevent abuses.
The inspectors have co-operated with me all in their power to
find out and correct any abuses that may exist.
The several outside forces are under the immediate supervision
of serg-eants appointed and paid by the State; then the several
camps or forces are divided into two divisions, and one of the
inspectors assigned to each. The inspectors are required to
visit and inspect each camp once per month, aad oftener if neces-sary.
During the last year they have visited many camps
twice per month, and sometimes more frequently, and, I am
sure, have used their best exertions to entirely eradicate the
abuses above referred to. The majority of our sergeants are
very good men, who comply with the rules themselves and also
require their subordinates to do so; but occasionally we are de-ceived,
and appoint a man as sergeant who, although bound up
by law, by contract, and even by an oath, to comply strictly
with the rules and treat the convicts humanely, violates his oath
and contract with impunity, and suffers his guards to do so. Of
course we discharge such a sergeant when he is found out, and
would prosecute oftener except for difficulty of obtaining legal
evidence to convict.
In justice to sergeants on farms, it is proper to say that their
7
20 PENITENTIARY REPORT.
position is a very difficult one to fill, as it requires a man for the
position who possesses firmness, patience, tact and good judg-ment
in order to perform properly his duties and give satisfac-tion
to all parties concerned. When the contractor is in full ac-cord
with the State authorities in carrying out the rules and
contract, the sergeant's task is rendered much less difficult.
The abuses which occasionally arise above referred to are as
follows:
1. Illegal punishment by sergeant or guards.
2. Legal punishment cruelly inflicted.
3. Working convicts a greater number of hours than author-ized
by the rules and contracts.
4. Working men physically unable to work.
5. Bulldozing convicts so that they are afraid to make report
to proper authorities.
In some instances the contractors have been prompt in giving
information against sergeants or guards.
Inspectors Short & Middlebrook have been vigilant to find out
abuses a.id correct them, but they can't be everywhere at once.
Those familiar with the treatment of convicts several years
ago and now will unhesitatingly bear evidence of the very great
improvement and progress made in the comfort, treatment and
working of convicts outside the walls of the penitentiaries, but
no one, more than myself, realizes the fact that there is still
much room for improvement. To this end I can only recommend
more. frequent and thorough inspection of outside camps, and
more vigorous dealings with those who mistreat convicts than
heretofore. The difficulty heretofore found in procuring evidence
to convict might be remedied by the employment of a detective.
It has suggested itself to me that in .making contracts with
physicians to attend to the sick and visit the camps weekly, pro-vision
might be made for these physicians to act as local insnec-tors,
under the direction of t11e superintendent and r~g;lar
inspectors. I think such a plan could be made to work well.
Having had to devote so much of my time, during the last two
years, to the Rusk penitentiary, and other official duties of
pressing importance, I have been unable to give as much of my
personal attention to outside camps as I have desired to do.
RELIGIOUS INSTRUC'l'ION.
Only at the prisons proper have the convicts received any of
th~ benefits of religious instruction. Rev. J. C. Woolam, Chap-lam
of the Rusk prison, and Rev. H. M. Dubose, of the Hunts-
PENITENTIARY REPORT. 21
ville 'pris·on,· have performed faithfully and acceptably the
duties imposed upon them.
PRISON LIBRARIES.
Both prisons are supplied with good libraries, which have been
instrumental in doing more for the reformation and improve-m~
nt of the convicts than any other agency employed. Books
will wear out by constant use, and it is necessary that these
libraries be replenished from time to time; hence I would recom-mend
an appropriation of $500biennially to replenish the prison
libraries.
We are under obligations to many persons for prison litera-ture,
but more to Rev. Mr. Matthews, of Onarga, Ill., for a large
amount of reading matter and school books contributed to each
prison. He has visited the prison in person, found out the
wants of the convicts, and has supplied them with such books
as they desired.
RECOMMENDATIONS.
Some of'the following recommendations have been made in
former reports, and I again repeat them.
1. There should be an amendment to the. Code of Criminal
Procedure regulating when and how a convict serving a term
in the penitentiary may be taken away to be tried for some
other offence.
2. The law punishing bigamy should be changed, either so as
to make it a misdemeanor, or fix the term at not less than one
or two years. Men have been received on a one day's sentence,
costing the State transportation to and from place of sentence.
3. The Criminal Code in regard to negligent escapes, and
aiding prisoners to escape, should be so amended that it will
more directly apply to convicts than it does now. There is very
considerable doubt about the proper construction of it, as will
be seen npon a close reading of the present law. The following
additions would probably cover such cases as have occurred or
are likely to occur.
(a.) Every person who rescues or attempts to rescue, or aids
another person in rescuing or attempting to rescue any convict,
convicted of a felony, from any penitentiary, prison, or convict
camp, or from any officer or person having him in lawful cus-tody,
shall be punishable by imprisonment in the penitentiary
not less than --- nor more than --- years.
(b.) Every officer or employee of a penitentiary, sergeant or
.guard, who fraudulently contrives, procures, aids, connives at,
')
22 PENITENTIARY REPORT.
or voluntarily permits the escape of any convict, convicted of a
felony, from the penitentiary or en route to the penitentiary, or
from any convict camp or in custody anywhere, shall be pun-ishable
by imprisonment ill the penitentiary not less than ---
nor more than --- years.
(c.) Every person who wilfully assists any convict convicted
of a felony, confined in any penitentiary or other place, or in the
lawful custody of any officer, guard, or other person to escape,
or in any attempt to escape from such prison or custody, or
who carries or sends into a penitentiary, or other place of con-finement,
anything useful to aid such convict in making his
escape, with intent thereby to facilitate the escape of any con-vict
confined therein, shall be punished by confinement in the
penitentiary not less than --- years nor more than ---
years.
(d:) If any person shall bribe, or offer to bribe, any officer,
guard or other person to permit any oonvict convicted of a
felony, wholly or in part in his custody, to escape, he or she shall
be punished by confinement in the penitentiary for a term of not
less than --- nor more than --- years.
(e.) If any officer, guard, or other person, having the custody
of a convict, shall accept, or agree to accept, a bribe offered as
mentioned in the foregoing article, he shall be punished by a
term of imprisonment in the penitentiary not less than -- nor
more than -- years.
(f.) Every person, not authorized by law, who without the
consent of the superintendent, assistant superintendent, or other
officer in charge of a penitentiary, or convict camp or force,
communicates with any convict therein, or brings into or
conveys out of the penitentiary or convict camp any letter or
writing, to or {rom any convict, is guilty of a misdemeanor and
shall be punished, etc.
(g.) If any sergeant, guard or other person, unless in receipt
of proper orders, shall whip or strike a convict, or cause one
convict to whip another, he shall be deemed guilty of an aggra-vated
assault and battery, and be punished for such offense;
except when convict is attempting to escape, or when necessary
to subdue insubordination on part of convict.
HOUSE OF CORRECTION.
In all my former reports I have earnestly recommended the
establishment of a house of correction, or reformatory, for
youthful offenders.
This report shows that there have been received during the
PENITENTIARY REPORT. 23
last two years, thirty boys under fifteen years of age. Of these
twenty-five were coloredtand five white. There were ~lso re-ceivedsixty-
two boys (forty-two colored and twenty white.) fif-teen
years of age and under seventeen.
It will be further seen that there have been received two hun-dred
and fifty-one youths, seventeen years of age and under
twenty years. Several of these boys are now serving their se~-
ond term, having heretofore been pardoned on account of their
youth.
The above figures, of themselves, fully demonstrate the ne-cessity
of such an institution and it is earnestly hoped that the
Nineteenth Legislature will do what is necessary in this direc-tion.
TRANSPORTATION OF CONVICTS.
At date of my last report, the Slaughter & Oadenhead con-tract,
at $24.50per capita, was in operation. Soon afterwa:ds
a new contract with Bailes & Oarlisle was made at $25.20,WhICh
went into operation January 1, 1883,and is now in force. The
new contract to commence with January 1, 1885,is made with
Mr. J. R. Ferguson at ~20.00 per capita.
The present contractors have only lost three convicts in tran-situ,
out of 1675conveyed.
CONCLUSION.
This report is longer than contemplated, but in order that a
record -be kept, I thought it proper to give a connected state-ment
of the principal occurrences in the operations of the peni-tentiaries
during the last two years.
The penitentiary management, from the board down, have
used their utmost endeavors to make a success of the policy
adopted by the last legislature, but many untoward circum-stances
have prevented all that they desired. At any other time
the entire success of their efforts would have been assured. But
for the depressed condition of all business, not only might more
contracts have been made for the working of convicts inside the
walls, but those that were made, and those. industries operated
on State account, would have been more successful.
I know that the affairs of the penitentiary have been honestly
administered. Major Brahan, the Financial Agent, is honest
and capable, and has performed his duties with the utmost zeal
and fidelity. .
I will not undertake to mention the names of all the officers
deserving of commendation for faithful service, but will men-
24 PENITENTIARY REPORT.
tion Messrs. MC'Cullochand O'Brien, Assistant Superintendents;
Drs. Bush and Jamison, Penitentiary Physicians; Messrs. Wool-am
and Dubose, Chaplains; and Messrs. Ernst and Parish, book-keepers
for the Financial Agent. The services of Mr. Parish at
Rusk have been invaluable.
As the Board well knows, my position during the past two
years has not been that of a sinecure. In the performance of
the many duties devolving upon me, I have the consciousness of
knowing that I have been actuated only by an honest desire to
do what was right, and to protect in every respect the interests
of the State. It is gratifying to know that I have received the
support and encouragement of yourself and the other members
of the Board, and I desire to return to the Board my sincere
thanks for the many courtesies shown and confidences reposed
in me; also to the secretary of the Board, Mr. John T. Dickin-son,
for many-courtesies and favors shown me.
I refer you to accompanying' reports for further information,
and heartily endorse the suggestions made.
Very respectfully,
TROS. J. GOREE,.
Superintendent Penitentiaries.
PENl'fENTIARY REPORT. 25
.•.
EXHIBIT No. 1.
Monthly chomqes w prison population from November 1, 1882,
to November 1, 1884.
1
~-d ~
1
..,; .e,; .g .,; 0~d" '~""rO
E ""
.,; " Month. " :;; .;::.d .- " " i '" '" ~ " "''' ... ", ~-g ..; 0 .,; ~~ "'''' e 5 al al "E c .•... m" ~d '" i:l ~ A " A -" ::i0 I>< fiI Po< UJ E=:'" -- -- -- -- -- --- -- --
1882
1882
1883
1883
1883
1883
1883
1883
1883
1883
1883
November .
December .
January .. ··••·•••·· •
1
February .......••..•.•...............•......
~~~~::::::::::::::::::::::::::::::::::::::::: June .
July .................•........................
August ...............•....•..................
September .
NOTB.-Of the deaths, oae was a United States prtsoner .. Of the di8cha~geB. two were ~nited State.
civil convicts, transferred to Chester, Illinois, eleven were Umted States COlJ.Vlcta. regularly discharged, and
eight were State convicts surrendered to district court on bench warrants from prison.
SYNOPSIS.
~:~=l~!f~E~O{~:fii~~~:~·f~~ii:·:·:·::·:::·:·::·::::::::::::·:':'::::':'::::::.:'.:'::.:::.:::.:::.::::i:.'::~:':':::':'::':.:.:.:::':':.:::.::.::.:
Grand total ...........•......•........................................ : ..........•.•••........••••.••..............•.•....•...•..•• 4,178
DEDUCT.
957 ~:3~~E~~~:i~i~~~~n:.~~E~2:~:~~.~~��~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::;:~::~:::.:::::::::::::::::'::::::: Convicts pardoned since November 1, 1882...................................................................................... 19~
Convicts transferred to other prison since November 1, 1882 .
Convicts surrendered to district courts since November 1, 1882......................................................... 8
Convicts on hand October 31. 1884.................................. ..................•.... 2,539
Total :.....................••..•....•........... 4,178
UNITED STATES PRISONERS.
On hand November 1, 1882........................ .•......•....................•......... ..........••••..••..•••••••............ Ii
Received since November 1.1882 ............................••....••..•....••.........................••...•.......••••..•...•••..•. __ ...
Total .............••.•.•••............••..•..•........................•......••...•..•...•••..•........•••...••••••.••••••........... 14,
DEDUCT.
Discharged since November 1. 1882.......................................... ..........••..•...•.•..•............•••...•..••••.••.. 1~
~~d~':~:<lJ~v~:~~;1!~~:2:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1::::::::::::::::::::::::::::::::::
On hand October 31, 1884 ......•••••.••........•..••••• :.......................................••...................................... __ ...
Total ...•••......•••.•••••.•.........••••••.•••.....•.••.••.•...•.............. ·........•.....••••.•••.••••.•...•••••••••••.•••....... Ii
26 PE:¥ITENTIARY REPORT.
EXHIBIT NO.2.
Bi-ennial Ohanges in Prison Population According to Ooun-ties
of Oonoictum,
Counties.
;~0":'0. .0"..-""" z.""
..,;.
"o
~
---------------1--- -- -- -- -- ----
Aransas .•••.••.•.............•••.•••••..••.•••........•..................................••....•
Atascosa ............•...•.....•..•... .....• 8
Anderson 21
Ang.lina ...........••.•................................................ 1
Austin.................................................................... 16
Bandera ......................••••..•...............•.................... 4
Bastrop.................................................................. 18
Brazos ..................................••.............................. 18
Brazoria .......•••..••....... ....••........•......... 18
Blanco.................................................................... 2
Bee........................................................................ 4
Bell....................................................................... 11
Bexar.............................................................. 87
Bosque................................................................... 3
Bowie 10
Brown.................................................................... 11
Burleson ...............••................•............................. 7
Burnet................................................................... 3
Baylor 2
Callahan ...................................•.........•..........•...... 7
Caldwell....................... ........••••..•................. 13 .
Calhoun .
Cameron .......•...........•.•••••••....•.••••••••••••.•••.•............ 4
Camp..................................................................... 5
Cass....................................................................... 7
Clay...................................................................... 4
Chambers............................................................... 1
Cherokee. ........• •.•.•..•• .•.•.•..... •.•.•.• .•.••. .••••.•.• 12
Concho................................................................... 1
Coleman................................................................. 5
Collin 15
Colorado................. 26
COmal.................................................................... 6
Comanche......... ..........••...... 13
Cooke..................................................................... 17
Coryell................................................................... 14 1
Dallas.................................................................... 51 5
Dimmit.................................................................. 2 .
Delta ...................................................••.......................................
Denton 17
DeWitt................................................................... 10
Duval..................................................................... 2
Erath .........•......................................................... 18
Eastland................................................................. 10
EI Paso.................................................................. 23
Ellis .............................•....................................... 21
Falls...................................................................... 15
Fannin ....................••.....•...................................... 11
Fayette ........•........•..•.•..•.•.•....•......•.••........•............ 36
Franklin ..............•........•....................................... 3
Freestone............... 28
Frio....................................................................... 7
Fort Bend 16
Galveston ;............. 47
Grayson 50
Gregg 20 .••.•..••
Gillespi•..••...................................................................................
Grimea .••••..••.•..•••.•..•.......•.••...........•.•.•..•.•....••....•.. 12 2
Goliad ...............................................•................... 5
Gonzalee.,; •..••......... •.••.•.•..••••..•• ....•.•••.•.•.•...•.• .••.•..•• 28
Guadalupe •.................•.....•..•••......••.•..•................. : 13
Hamilton ............•...............•.................................. 4 ::~.~.::::::::::~::::::~::::::::.::::::::::::::::::::::::::::::::~::::: ~
HayB...................................................................... 25
Hend.rson.............. ...........•...... .......•••.•..••••...... 10
2 ••••••••••••••.••••••••••••.••.•••••.••
4 1 1 10
17 6 2 2 33
1 1 2 1
7 5 3 5 27
1 .••..•.•• .••.•..•. ...••..•. 4
15 5 1 4 31
10 5 1 2 40
3 2 1 20
4 1 5
.••.•.•.• .•••.•.•• .••..•.•• ...•.•.•• .•.••..•• 4
2 6 3 3 14
230774109
1 ...•..... 1 10
3 4, 2 ..•....•. 1 16
...•.•.•• .•.•.•... .••.•.... 4 9
3 1 1 10
5 1 1 9
......... 1 1 2
3 2 1 7
10 3 2 2 17
3 2 1 1
7 1 1 12
2 •••••.••• ••••••••• •••••.••• 5
622 8
1 ..•..•..• .••.•.•.• .•..••..• 6
1 ..•...... 3
8 .•.•.•... 2 1 20
......... 1
1 2 1 7
4 5 1 20
10 5 2 1 40
5 1 .•..•..•. 2 8
2 ...•.•.•• .••.•..•. •.•••.•.• 13
9 3 1 1 23
5 2 2 14
34 13 2 76
1 2 .•.••..•. 2
2 1 1 4
5 3 1 2 28
5 4 2 2 13
5 ...••.... ...•.•..• 1 10
5 4 2 2 25
3 1 2 10
4 4 24
7 3 1 3 30
17 2 1 25
10 3 1 20
25 3 9 36
1~ .•.••.•.•.•.•.•ii· 2" 3~
1 . 1 .•......• 7
9 2 1 22
30 4 6 1 54
26 9 5 10 81
5 •........ .•••.•..• 1 27
1 1 1 3
14 2 1 1 26
8 2 1 9
11 3 2 2 35
13 3 1 1 21
1 1 1 2 5
35 4 5 4 110
12 1 4 31
7 6 2 2 34
4 1 2 16
2
2
2
32
2
2
3
3
1
2
12
PENITENTIARY REPORT.
EXHIBIT ~ O. 2-continued.
27
----------------1--- -- -- -- -- ----
Counties.
Hardin 1 ...••..•.•....•.....•.......•.•..•....•......
Hidalgo 6 .
Hill....................................................................... 15 3 4 3 4
Howard 5 .••.•..••.•••.•.••.•..•......•.•..•..•.......
Hood 2 23 ..............•...
Hopkins 9 . 3 4 1 2
Houston ......•........ 14 2 12 2 •...•...• 1
Hunt..................................................................... 12 3 2 2 1
.Tack 12 8 1
Jackson ,................. 3 1 5 1 1 .
. Jasper 1.. 1
J e!f.rson.......................... 11 12 1 .
Johnsen ......•....•.....•...•............•... 20 .....•... 6 2 2
Karnes ............................................•.......... ;.......... 1 1.. 1
Kaufman..... .....•• 15 6 2 2 1
Kendall ...................• 2 ...•.•.•. ...•.•.•. .••.•..•. 2 2
Kerr- ...........•.......•.••.•.........•...•....•..............•...•..... 1 1 .•.••..•.........•.........
Kimble .......•........•...•.•.•...••..•.....•............•.••...•..•.... 3 2 •..•..•...••.•..••
Kiuney.................................................................. 12 7
La Sail. .......•........... .. ;............. 4 2 ..•..•.•...•.•..•.
Llano .......................•............................................ 3 .......•. .•..•..•• 2
Lamar................................................................... 16 1 13 4 .
Lampasaa........................•.•.•. .•.......... 9 1 5 5 1
Lavaca................................................................... 19 1 4 1 2
Lee ...••.•...•..•••..•....................••.•..••...•...•................ 5 4 1 2 .
Leon.................................. 3 4 1 1
Lib.rty................................................................... 11 1 5 2 ....•.........•...
Limestone............................................................... 17 2 9 4 4 3 LiveOak................................................................ 3 .
Mitch.ll................................ 8 3 3 ..•.•.............
McMullen 4 3 .....•... 1
McLennan ............•................................................ 28 17 7 2 5
Madison 3 •••.•••.• •.•••.••• 2 2
Marion 2 5 3 1 .
Mason.........•......................................................... 2 4 1 •......•.
Matagorda.............. 1 3 .
Mav.rick.... 3 2 3 .
Medina.................................................................. 6 5 ...•.....•..•.•...
Menard ;..... .. 2 •.•••.•..•.•••••.••.•••.•••
Milam.................... 20 1 16 2 4 4
S~;i~~~.~~::.:::·.:.:.:.::::::::::::::::::::::::::::::::::::::::::::::::::: Ii ~::::::::::::::::T::
~:~~~~~~.~.~~.:.::::::::::.::::::::::::::::::::::::::::~::.::::::::2::!:::~ 2~ ! ··4·
Newton 5 ..•.•..•.•..•.•..••.•..•..•..••.•.••....••...
Nueces 22 2 10 4 .......•. 5
gf~h!::.·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~.. ::::::::: ~.. ::::::::: ~.. :::::::'.: Palo Pinto.......................... 3 1 1
Panola 3 3 1 .
Parker 5 11 2 3
Pecos...................................................................... 2 2 •.••..•.•.•..•..•...•.•.••.
Presidio .....••............................... ,.. 21 6 3 .
~~~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1~ ..............• ~ ~ . .............................................
5 2 •.•••.•••
1 2 7
1 .
1 1 3
.........•........ 1
......... 1
......... 1
2 .....•.•. 1
::::::::: ::::::::: ~..I !I
2
....................................
2 . .. .•..••...•..
1 .................•
2 11 2 3
m
'j";: 0"'0. .".."'" 0""
~§
16
20
5
5
10
20
17
15
4
1
11 st
2
21
2
3
4
14
45
28
11
30
19
7
16
29
4
10
5
45
432
1
472
27
6
12
35
24
5
29
13136
83
22
1211
11
55
1
10
1
12
11
12
5
52
4'1"
)
28 PENITENTIARY REPORT.
EXHIBIT No.2-continued.
Counllea. .,;
<> I
~~~y'~~~:':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
-------.-----1----- ---- ------
1
42
2
57
1
4
3244
8
10
9
16
24
9
18
1
3
16
3
17
······4· :ii 24· 4: ii·
1 1 .
27 8 11 6
2 2 •.•.•.•.•••.•.••.•
1 .
7
111
368
14
13
46
•.•.•.•.• •.•.•.•.• 2
1 .
1 .
......... 1
2 •.••.•.•.
•.•.•.•.• •.•.•.•.• 2
2
1
...3t.·.·.4.· ii·
59
365
•.•.•.•.•.•.••.•.•
22
1
4,
1 .
1 .
2 4
2
12
2
2
1
1
----- ---- ------_. Total ......................•.•••......•.•...•.......................... 1,805 95 967 273 193 206
3
64
2
83
389
2
7S
10 .
14
14
17
32
12
22
7
8
26
3
18
12
11
2,539>
PENITENTIARY REPORT.
EXHIBIT No.3.
Location of Convicts on"hand November
Escapes and Deaths from November 1,
1884.
29
1, 1882, and showing
1882, to November 1,
=
County. On .I ]
Hand .••• ~
Ball, Hutchings & 00......•..•..........•...•............................•.................•....... · Brazoria...... 50
Cunningham, E. H ·...........................•.•...•................... Fort Bend... 136
Cuuningham, E. H. (temporary) .......•.••..•..•..•.•...•.........•............•...•..•....•.. ·•. Fort Bend... 57
Cunningham, E. H. (temporary) ..............•.....•.•....•..•................................•. Fort Bend... 50 i~i~Ir~;;~~~~~~~::~:.~~~~~~~~:::~I~2~n ::~~~~~~~~~~;;;::;~~~::~::;;;~~:~~~~;;:;;~~~:~~~;;;~~~:::~;House, T. W...........•........•..........•....................•.••..•......•...................•..... Fort Bend... .49
HOUse, T. W. (temporary) ....•.•........................••...............•.•.•. , ..••.•.......•..... Fort Bend... 40
Lake, Jackson .................•.................•.•..•••..•....................•....•............•...... Brazoria....... 27
Lewis, Henry ...........•.•.....••.................. ~........••..•.........•.... ·..............•.••..... Robertson.... 136
Watts, W. W.................................•.........•..............................•....•....•.•.•... · Robertson... 57
White, H. K...............•..•...•................•............•..•.................•................... Burleson...... 51
White, R. J ......................•..................•.......•..•....................; ......•...•......... Robertson ... 78
Wilsen, Ed ..........................•..................................•..................•.......•...... Robertson... 48
,Galveston, Houston & San Antonio Railroad No.2 ....................•................... Railroad...... 45
'Houston & Texas Central Railroad .................................•.................•.......... Railroad...... 41
1:ntern.tional & Great Northern Bailroad No.2 .................•..................••.•.•.• Railroad...... 46
'Texas Central Railroad ......................................••.••...•.•...•.......................•. Itailroad...... 44
Prison, Huntsville .....••.••.....••••..•.•••••......•••..•••••.•...•..•.•••••••.......••..•....••.....• Walker 660
!Prison, Huntsville farms .....•............ :.......•........................................•........ Walker .......•••••.....
IPrison, Rusk .....•.•.............................•.....•..•.......................•...................... Oherokee.;»: 555
~riBOn, Rusk, farm and outside .................••...••................•......•...........•.••... Cherokee •...........•...
Forces discontinued sine. January 1, 1883. I
Gulf, Colorado & Santa Fe Railroad No.1 Railroad...... 21
Gulf, Ocloredo & Santa Fe Railroad No.2 ....•...•..•..•...•..................... : Railroad ......•.•••...... 28
Gulf, Colorado &; Santa F. Railroad No.3 Railroad...... ..••....... 3
Galveston, Houston & San Antonio Railroad No. 1.. ..........................•........... Ratlroad.i.v.. •.•••..•... 12
Galveston, Houston & San Antonio Railroad No.3 ........•.........................•..... Bailroad.i.v.. •.•••.•.•.. 1
Galveston, Houston & San Antonio Railroad No.4 Railroad...... ..•........ 2
Texas coal force ....................•...............•...........•...................................... Batlroad.. 7
Texas & Pacific Railroad No. 1.......................................................••........... Railroad...... 12
Texas & Pacific Railroad No.2 ......................................••.•......................... Railroad...... 6
T.xas & Pacific Railroad No.3 ...............••.................................................. Railroad...... 5
Trinity & Sabine Railroad .....................•..............•...................................•. Railroad...... .•.•....... 7
Kelly'. mill .....................•.................•..••.•••..•.................•........•......•..•....... Walker....... 1
Wells, John .......•••••...••........•••............•••••••••...••••••••••••••........•••....•.•••.••••••• Brazoria...... .......•... 4
'Internaricnal & Great Northern Railroad No.1 Railroad...... •..•....... 5
Hale & 00..................................••..•........................................................•. Milam .
Dodd, Brown & Co....•.•..........................•.•.....•.....•..................................... Brazoria .
Grand totals................ ....•... ..................................•. ..•..•. ....•......... 2,539 273 206
Forces.
13 1
17 8
2
5
5 5
11 16 ......
1 3
9 6
1
6 3
8 1
5 1
9 1
6827
3
4 2
1 70
3 4
2 36
35
72
2
32
2 _ 3
3234
)
30 PENITENTIARY REPORT.
EXHIBIT No.4.
Employment of Convicts in and about Huntsville prison.
INo. of
__________________________________________________________________________ Conviots
PRODUCTIVE. I
II~~lfl:p·~;(·~m·~;~t!-;:;;;);~;;/;0;;?!-;;;;;/i-;;;
.................................................................................
:i:~~r~~~S~:~~rs~.~~~~~.~~~.~·.~::::.:.:.·..':~· ': .
Plani IJg mill ....•...........•...........•.......................: .: :'::::.:':.: ':': :': '::::::::::::::::::::::::::::: .: ':': ~~~;n;:~~~; ····.0". ' ......•• '" .......••......••..............•••.•.••.................. .......................................................................................................................... ~~i~~tEL2L~Ic2_L·iij/cLi;.:._._L·;.·. Under contract w~th H: C,.Sh~l & Bro. for manufacturing saddle trees and stirrups .
Under contract with Wtggtn-Bimpson Co. for manufacturing machinery and foundry .
INDI.· PENSABLES.
..........................................................................................................
............................................................ ,' .
NON·PRODUCTIVE.
Geueral roustabouts .
Generally incapacitated, In hospital and otherwise " .
Total .....................................................................•......................................................
Productive labor .
~od~~~~~~~~l~~·~::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::':.':::.::
Grand total ................................................................................................•................
Employment of Convicts in and about Rusk Prison.
No. of
---- ~ · IConvicts
PRODUCTIVE.
~!.~~~S:!!~Dt~...•...~....:.....~....~....~....~........c...n.....•........••.......••••..••••..•.•...........................••...•..
B . k d I ............•....•...........•.•.....•....••..•.............•.•••••••..................•...•.••......••••.•.•• F~II~dlei~ia:a~~~;~.;~·~..·t· ..........................................................................................................•
G I J b ................•.....................•.•...........••.........................................................
~~~i~:ri.~~f~~;:~~i~i~::~:;~~:~~:::::::::::::::::::::::::::::::'.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Millers :::::::::::: :::::: .:::::::: :::::::::::: :::::: :::::::: :::: :::::::: ::::::: :::::: :::::: :::: :::::
52
23
I
35
37
126
2
21
21
7
2
11
151
4
19
29
28
35
74
11
86
10
4
4
4
10
I
231
2
2
20
46
660
510
84
66
660
13
7
36
27
32
106
17
1
PENITENTIARY REPORT.
EXHIBiT NO.4-continued.
----------------------- ---
PRODUCT1 VE--continuea.
gervanta .......................................................................................•••..................•....................
Soap makers ..........•.•..•.•.•.••..•...........................•.•.•.....................••..........•................................
Teamsters .................................•.......•..............................................................•..•......•............
Wheelwrights and carpenters .....................•.............•.•.......................•.....................................
Wood choppers ............•..............................................................................................•............
INDISPENSABLE.
~~:.~n!:~:~~~!i~::~~:~~.::::::·::::::::·:·::::::·::·:·:·:::::.::::::':':':':::'::'::':.::::::::::::::':':':':::::::::::':::::'::::::::::::::::::::::::/
Gate keepers .
Hospital attendants .
Blast furnace .
Messengers .......................................................................•.....................................................
Laundrymen ,..............................•.............................•.........................................
Stablemen .
NON·PRODUCTIVE.
Generally Incapacitated .
General roustabouts '" .
Total. .............................................................................................................•...............
Productive labor .............•.....................................................•....................•••............................
Indispensable labor ......••••••.....................................................................................................
Non-productive labor •... ,'..•...................•.•.•..••..••••.................•.....•.............•••••...... '.................•..
Total .
Employment of Convicts w outside forces.
Plantations .
Railroad construction .
Tota!.. ,............... 1,324
NOTE.--Convlct. on hand October 31,1884...... 2,539
Convicts in all outside forces '" 1,~~ ~:;l~::~~~;kts;f:::.~~.~~:::::::::::::::::::::::::::::::::::::::::::'.::::::'.::'.::::':.:':.: .z:':': :::::::::::::::::~:
Totals '" . . . . .. 2,539 2,539
31
No. of
Convicts
4
1
3
21
137
10
6 19
632
1
193
41
40
555.
505
69
81
555
I No. of·
Convicts
1,148
176
)
32 PENITENTIARY REPORT.
EXHIBIT No.5.
Characteristics of Convicts received and on hand.
.5":
00 ·;:z
"0-0 0" .
'oOc~..~.... ZO~
RACE.
--------_._------_._-- --- --- ---
White.................................................................................................. 918
Colored...................................................... ...........• 1,183
Mexican........................................................................................ 175
Indian................... 2
Chinamen .........•................................................................................••...............
827
835
141
11
SEX.
Total............... 2,278 1,805 2,539
Male •.................•.............................•.......................................••..........
Females ......................................................•........................................
2,253
25
1,778
27
NATIVITY.
Total... . 2,278 2,805 2,539
Natives of the United State •.................................................................
Foreigners .........•....•...•••.•.........•.•.....•..••......................... ", ..... _,......•.•..
1,909
369
1,609
196
Total.................. 2,278 1,805 2,539
EDUCATION.
Eiue ..............................................................................••....................................
Common ........••........................•.....................................................•........••..•....
Tlliterate .
25
952
828
Total....... .��....... . .. .•.... 1,805 2,539
HABITS.
Temperate .
Intemperate ......................................................................................•..................
782
1,023
Total... 1,805 2,539
USE OF TOBACCO.
Users .......................•.........................................................••.......••.....................
Non-users ..........................................•................................................................
1,488
317
Total •................................................ :....................... 1,805 2,539
CONJUGAL RELATIONS.
Married ......................•...........•................................................................•..........
Single...........................................................................•....................................
Widowed .......•.••••..•..................••......•...••...•......•.....•••.•... " ......................••••.••......
634
1,137
34
COM~lITMENTS AND RECOMMITMENTS.'
Total •............................................................................................ ~ ~
First term ..................................•.•...•..................................................................
Second term ...............................................................................•........................
Third term .........................................•...............................................................
1,761
41
3
Totals =~~
---------------------
*NoTE.-This is only approximated, as, under the system of outside labor, recommitments are not always
recognized, and service in other prisons is seldom admitted, but generally concluded from conduct and
other circumstances.
1,020
1,317
200
11
2,506
33
2,283
256
130
1,048
1,361
894
1,645
2,007
532
893
1,603
43
2,454
82
3
PENITENTIARY REPORT. 33
E;~HIBIT No.6.
Previous Pursuits .
Occupatlou.
Bakers :........ 154 167
Barbers 1 1
Barkeepers......... 20 20
~;tE,~~:~~~:~~~~~~~~j:~~.~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::: 1~
Butchers.............................. ..................................•......................... ~ 2
Cabinet makers 33 43
gf;:':~b~~~~kk~~~p~·;~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1: ~ 1:·
g~~£~?~~~~~~:~::::::::::::::::::::.::::::::::::::::'::::.:.:.:::::.::::::::::::::::::.::::::.:.:::::::::::::::::.:::::::::::::::4::~: 5~
Engravers i ~ Factory men ..•...•.. ........• 3 3
Firemen ...•..... 3 3
Gasfitter •... _.................................... .................•.............................. 2 ~~~;~;i.~W:~:t!~::,.l 12
11
4
145
7
3
1
15
6
13
5
Soldiers........ 23 33
Stonecutters 3 5
Tailors...... ..........•............................................... 1 5
Tauuors ..............•............................................................... 2 2
i~~e~~;:.!:.,~~. :~::~:.:~:':~.~;::::::::::::::::::':.::::::::::::::::::::::::::::::::::::::::::::: ~ ~
~~::&~::::~;L~~·:::~.~.~.:·.~:~·~~·~~·:.~~~~~;.·;:.·;:.·;:~.;:~.;.:~:.~;:;~~~:.:;~~··~··i~;;5;~;4~~~~2··.':~1~:~~~~~~~~~~:~~~:.~~~.:.:~;::
Total........ 1,805 2,539
Number of convicts received since November 1, 1882.........•.•.••...•••.••• ·......••.••• •.•..•• •·••··• .. · 1,805 ...•.. ·260 ~~:~~:~~~~;l:f~~o::~:~~:~:do~::~: }~~':~:.i':~.'::~:.:;:~::::::::::·:.'::::::.::::::::::~:::::::::::::::::::::_::_1,5~
Total • . 1,805 1,805
)
36 PENITENTIARY REPORT.
EXHIBIT No.9.
Terms.
Terms.
SHORT TIMERS.
Less tha n one year " . .
One year and less than two yea.rs ,_, . .
Two years and less than three years , _.., , ,." ,
Three years and less than four years ....••....... . .
Four )'ear8 and less than five years................. . , ..
Five years and less than six) ears , " " , , .
Six years and less than seven .years ~ , , '" ,_,"' , , .
Seven years and less than eight ypars ..............................• , .
Eight years and leas than nine years , .
Nine years and less than ten years .
Ten years and less than fifteen years " .
BLACK BALL MEN.
Fifteen years and less than twenty years .
Twenty years and Jess than thirty years... . .
Thirty years and less than forty years............... .. .
Forty years and less than fifty years ".. .. .
Fifty years and less t hall sixty years .. '"
RED BALL MEN.
Sixty years and upwards and lifetime .
Total ~ .
~,0,0~"" '". 2cl
.~~~ .;;: 8 ~r-I- " . '-.- . _,0o,'S""
0",> 0.0 ~~Z Z6o0
84
4
648 668
128 13n
U8 128
492 594
44 94 ~I153
67
10~
32
223
44 106
24 73
3 25
1 8
8 20
53 205 ---- ---
1,805 2,539
Ages.
Ages.
Less than fifteen years " .
Fifteen years and less than seventeen years .
Seventeen years and less than twenty years ", .
Twenty years and less than twenty-five years ,.......... .. .
Twenty-five years aud less than thirty years . i~:~~~:_~~~~B~:~drs~;netl~~~~~r~~~;~;;,~:~:.~:': : : : : : :': .: : .: ': :': .: ': .
Forty years and less than fifty years ., :::: ::: ::: ::: ::: f!;~~r:~~~~~i~~~!i~:::.~r.~~r~~~~~·:·::·:::·:·::·:.:.:.·:::.:·.::.:.:.::.:.:::..::.::.:.::.:.'::.:.::.:::.:::.:.::.::::::
30
62
·251
564
407
204
122
98
54
11
2 ------- Totale . 1,805 2,539
~.;;:
5-0
."..."..• 0'<:
Z6:o::
31
75
334
907
566
253
152
137
63
19
2
PENITENTIARY REPORT. 3'1'
EXHIBI'f No. 10.
Transportation Vouchers approved from November 1, 1882, to
November 1, 1884.
Montb. Contractors to whom paid.
---------1---------1-- --- -- ---
Totals '.' . 1.804 $45,370 50
Average cost of transportation of convicts to the penitentiaries per capita, by above contractors, 524 50
and $25 20.
November Slaughter & Cadenhead............. 1882
December...................................... Slaughter & Cadenhead 1882
January........................................ Siaughier & Cadenbead................. 1883
Ja.nuery.. ....•...................... Bailes & Carlisle......... .....• 1883
February.. Bailes & Carlisle......... 1883
:!larch... Bailes & Carlisle :. ,..... 1883
April.. Bailes & Carlisle 1883
May................ Bailes & Carlisle......... 1883
June................... Bailes & Carlisle........................... 1883
July... Bailes & Carlisle........................... 1883
August Bailes & Carlisle......... 1883
September....... Bailes & Carlisle..................... 1883
October................. Bailes & Carlisle......... 1883
November. Bailes & Carlisle.................. 1883
December Bailes & Carlisle 11883
January................................. Bailes & Carlisi •........................... 1884
February.. Bailes & Carlisle......... 1884
Marcb...... .. Bailes & Carlisle............ 1884
April....................... Bailes & Carlisle......... 1884
May.......... Bailes & Carlisle...... 1884
June. Bailes & Carlisle... 1884
July... Bailes & Carlisle........................... 1884
August.. . Bailes & Carlisle......... 1884
September Bailes & Carlisle........ 1884
October........ Bailes & Carlisle............ 1884
$2450
2450
2450
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
25 20
2520
2520
2520
25 20
2520
25 20
25 20
s 1,102 50
1,739 50
31850
277 20
l.890 00
1;108 80
1,343 60
2,142 00·
2,444 40
2,595 60
1,083 60
1,184 40
1,864 80
3,200 40
3,301 20
1,411 20
2,041 20
2,217 60
1,890 00
1,990 80
2,898 00
2,772 00
80640
1,360 80
1,386 00
45
71
13
11
75
44
93
85
97
103
43
47
74
127
131
56
81
88
75
79
lJ5
110
32
54
55
REPORT OF FINANCIAL AGENT.
HUNTSVILLJJN;,OVEMBER1; 1884.
Governor John Ireland, 111e&81"8. T. G. Searcy, Walter Tipps,
State Pen.iienbiars; BOaT'd, Austin; Texas:
GEN'I.'LEM~N-Ill accordance with the law and the regulations
adopted by your honorable Board for the government of my ac
tions as financial agent of the Texas State penitentiaries, I beg
to submit herewith my biennial report f'ro.n sixteenth May,
1883, to first November. 1884.
My appointment by your honorable Board was made on the
twentieth day of April, 1883, but I did not qualify and enter
upon the discharge of my duties until the sixteenth day of May,
18t>3, the day on which Cunningham & Ellis, and Morrow,
Hamby & Co. made a final surrender of the penitentiaries to
the State. Having been in the employment of Cunningham &
Ellis as their cashier and general business manager, and being
personally related to Co1. E. H. Cunningham, I did not desire to
have anything to do in settling their accounts with the State,
which I would say was also the expressed wish of Governor Ire-land
to me, such settlement being made by your honorable
Board, based upon inventories of property taken by a board of
appraisers, appointed in accordance with the terms of their con-tract
with the State.
I would invite your attention to accompanying tables for in-formation
in reference to my official acts.
Exhibit A, on file with Secretary of the Penitentiary Board,
shows an itemized statement of all cash received by me, and from
what source, from sixteenth May, 1883, to first November, 1884.
Exhibit B, on file with the Secretary of the Penitentiary Board,
shows an itemized statement of all cash disbursed by me, and
for what purpose, during the same period, for which I have in
all cases taken receipted vouchers in duplicate, and have filed
the duplicates of such vouchers monthly, with my reports to the
'Comptroller of Public Accounts, accompanied with copies of all
invoices of goods bought by me, and ~ave retained the original
PENITENTIARYREPORT. 39
vouchers and invoices in my office, at Huntsville, which I hold
subject to inspection at a,.vytime. In the purchase of all supplies
of provisions, material for shops, and goods of every kind needed
for the two penitentiaries and outside camps, I have used my
utmost endeavors to consult and protect the interest of the State,
and as far as posible to buy our supplies of every kind from first
hands at the very cheapest cash prices, and as to howI have suc-ceeded
in this respect I invite an inspection of the invoices of
goods purchased by me, only asking that the market value of the
different kinds of goods be taken into consideration on the day
the purchases were made.
Exhibits A and B, mentioned above, being quite voluminous,
are not printed in this report, but are on file with the Secretary.
of the Board subject to inspection at any time. They were also
filed each month with the Comptroller of Public Accounts. The
remaining exhibits mentioned follow in this printed report.
Exhibit C shows a monthly summary of the receipts and from
what sources, and
Exhibit D'a monthly summary of the disbursements.
Exhibit E gives the general expenses of the penitentiaries and
outside camps for each particular account.
E:xohibitsF and G give the gros l receipts, expenses and net
profits and average monthly profit per convict per month on the
forces hired upon farms and employed upon railroads.
As regards exhibit F, for receipts and expenses on the farm
forces, I would remark that the negro convict labor was con-tracted
to the different farmers in August, 1882, by the old
Penitentiary Board, before the inauguration of the present ad-ministration.
This labor was hired to the farmers at fifteen
dollars per month, they in addition obligating themselves to
furnish the necessary prison building and to feed the convicts
and guards, the State obligating herself to pay the salaries
of the sergeants and guards, to furnish bedding, clothing, shpes.
tobacco, stationery and postage, medicines, medical attention
for the convicts, and arms and ammunition for the guards, and
to transport all convicts and guards to and fro, that might be
necessary to keep up the number of convicts hired the farmers
under their contracts with the State. This labor, which is com-posed
of the best and most able bodied convicts we have in the
penitentiaries, has netted us from six dollars and thiry cents to
seven dollars and sixty-seven cents per man per month, after
paying all expenses on them.
The convicts employed on construction trains on the railroads
were white men and Mexicans, and were hired at one dollar and
40 PENITENTIARY REPORT.
twenty-five cents per day for each day's labor performed up to
the first of February, 1884, when we were forced to reduce the
price of said labor to one dollar and fifteen cents, on account of
the general dullness in business and a -general reduction in the
prices paid by the railroads for all such class of work. The State
paid all expenses of sergeants and guards, fed guards and convicts '
and furnished bedding for guards and convicts, and clothing,
shoes, tobacco, medicines, medical attention, and, in fact, paid
all expenses incident to working the convicts so employed. The
different railroad companies furnished free transportation for all
guards, convicts and supplies of provisions, bedding, clothing,
etc., in accordance with the terms of the contracts with them.
.This labor, as shown by exhibit G, paid in a net profit per con-vict
per month of from six dollars and ninety-eight cents to
fifteen dollars and seventy-three cents.
When the State resumed control of the Penitentiaries, on the
sixteenth day of May, 1883, we had out thirteen railroad trains,
upon which were employed about fifty convicts each. On the
tenth January, 1883, we hired another force of about fifty convicts
to the 1. & G. N. R. R. Co., to be worked on Trinty and Sabine
Branch of their road. On first July, 1884, we hired a force of
about forty-five convicts to the T. & P. R. R. Co. On thirtieth
September, 1883, 1. & G. N. convict train No.3 was turned in
by the railroad company, and was transferred to the G..C. & S.
F. R. R. Co. On account of short crops, etc., in 1883, the T. &
P. R. R. Co. returned to us trains Nos. 1 and 2, which were
transferred to the Rusk penitentiary first October, 1883; and
upon. the same date the T. & S. train were returned to the
Huntsville penitentiary. On first January, 1884, Texas Central
convict train No.2; and on first February, 1884, G. H. & S. A·
convict train No.1, were returned, the former going to the Rusk
penitentiary, and the latter to the Huntsville penitentiary. The
G. C. & S. F. R. R', on the twentieth September, and 1. & G. N.
R. R., on thirtieth September, 1884, returned one train each to
Huntsville. On first October, 1884, G. H. & S. A. train No.3,
and G. C. & S. F. train No.3, and on tenth October, 1884, G. C. &
S. F. train No. 1 were returned to us. The two former have been
hired to Colonel E. H. Cunningham, and the latter to Colonel L.
A. Ellis, temporarily, to help take off their sugar crop. On
second of October, 1884 the T. & P. train was returned, leaving
us only four convict forces employed upon railroads. The dif-ferent
railroad companies assigned as reasons for returning the
forces of convicts, the general stringency of the money market
an d the general depression and falling off in their business on
PENITENTIARY REPORT. 41
account of short crops and hard times. We have, since the
tenth of October, 1884, hed about forty convicts hired to T. W.
House that were returned by the railroads, and to Colonel Ellis
thirty-six convicts, and to P. J. Willis & Bro. twenty-five-sec- .
ond class negroes-all temporarily, to assist in securing their
sugar crops. These convicts, with the three train forces of fifty
each, hired temporarily to Cols. Cunningham and Ellis first of
October, 1884, will all be returned to us by the first of January
next.
Exhibit H, gives a statement of the Wynne farm for 1883 and
1884. This farm is situated about two and a half miles from
Huntsville, and was bought by the State from Messrs. Cunning-ham
& Ellis at the date of surrender of their lease, sixteenth of
May, 1883. The tract of land contains something over nineteen
hundred acres, and when bought, there was about nine hundred
acres in cultivation, about half each being planted in corn and
cotton. The crop was very nearly made. The Penitentiary Board
took this property from Messrs. Cunningham & Ellis at what it
actually cost them in December, 1882, and the expense of culti-vating
the crop up to sixteenth of May, 1883, which was $21,000.
. This amount was not paid by me, but was paid out of the $40,-
000 appropriation made by the called session of the Seventeenth
Legislature, to enable the State to settle' with Cunningham &
Ellis, and the $50,000 appropriation made by the Eighteenth
Legislature to enable the State to resume, excepting a balance
of $3,616.98, which was paid out of the $100,000 appropriation
made oy the Eighteenth Legislature to enable the State to re-sume
control and operate the penitentiaries on State account.
The payments made by me for account of this farm were for
stock, tools and permanent improvements, salaries of sergeant
and guards, provisions for guards and convicts, etc. The value
of horses and mules purchased IS $830, and permanent improve-ments
for the gin house, etc., $1,510.05, paid for by me and not prop-erly
chargeable to the crops of 1883 and 1884, as they are invest-ments
for future crops as well. The value -of crops, etc., raised
on the farm is given at market values. The place has been
credited with the cotton raised and only for corn fed, fodder,
wood, etc., sent to the prison at Huntsville; leaving corn and
fodder, etc., sufficient to run the place. The cotton raised on the
farm has been used for the manufacture of convict clothing and
bedding, and for making lowells and duck, which we have sold.
Vegetables have also been raised upon the farm for the use of
the force there and for the feeding of guards and convicts at
Huntsvil.le prison. In 1883 we made sufficient corn upon this
42 PENITENTIARY REPORT.
farm to last the farm from August, 1883,until the new crop of
1884was ready for use and also for bread and forage for stock at
the Huntsville prison from August, lR83, until May, 1884. This
year we have enough corn from the farm to last us for bread,
and forage for our Huntsville prison teams until May, 1885,
besides leaving enough on the place for its own uses until the
crop of 1885is made. The land of this farm, like most of that
in Walker county, is not the richest, but on account of its prox-imity
to the prison we have been enabled to work it with second-class
and invalid labor, convicts who otherwise would have been
a dead expense to us. In addition to the crops raised we have
cleared and put under culti vation about two hundred and fifty
acres of new land, repaired fencing, and made many useful im-provements.
Exhibit I, gives a statement of the expenses of the J ohns on farm
from sixteenth May,1883,to first November, 1884,and of the Thom-ason
farm from first .Ianuary.t 883,to first November, 1884;and also
shows our shares of crops received, and market value of same.
These farms have been worked by us on the shares, the Johnson
farm employing our convict women and enough male convicts
for plow hands. The male convicts used on both of these farms
are second class and invalid labor, such as are employed upon
the Wynne farm, and. they are also situated conveniently to the
Huntsville penitentiary, in Walker county.
Exhibit J, shows the actual cash paid out by me for perma-nent
improvements, machinery, etc., at the two penitentiaries:
The bricks used for improvements were made in the prisons by
convict labor, and nearly all the work of every description per-formed
by convicts.
Exhibit K, gives a statement of the stock on hand first No-vember,
1884,-belonging to wagon shop, cabinet shop, and mis-cellaneous
stock at Huntsville, and stock on hand at Rusk.
Exhibit L, is a general summary of resources and property on
hand at Huntsville and Rusk penitentiaries on first November,
1884,and amounts paid out by me on permanent improvements
from sixteenth May, 1883,to first November, 1884.
SPECIAL APPROPRIATIONS FOR THE PURCHASE OF MACHINERY AT
HUNTSVILLE AND RUSK PENITENTIARIES.
As the majority of the contracts for machinery under these
appropriations had been made by Major Thos. J. Goree, Super-intendent
of Penitentiaries, before I assumed the duties of
Financial Agent, and as he was more familiar with the contracts
than myself, 'with the consent of your honorable Board, I allowed
PENITENTIARY REPORT. 43
him to co~tinue the disbursement of these special appropriations,
and he will make a speciel report of receipts and disbursements
of these special funds.
INSIDE INDUSTRIES, HUNTSVILLE PENITENTIARY.
The factory, shoe shop, tailor shop and tin shop we have run
to make our convict clothing, bedding, shoes and harness and
tinware about the prison, and to do local custom wurk, and
I think it advisable to continue this policy.
As regards the wagon and cabinet shops, we have only run
them on a limited scale. In May, 1883,after the State resumed,
we delayed sometime in getting ready to run these shops, first on
account of several. ineffectual attempts to contract them, and
then we delayed sometime in converting the old cell buildings
into shops, and placing our new machinery into position. We
have only made a few wagons the past year, and a limited
amount of furniture. Since the short crops of 1883and 1884,it is
exceedingly fortunate that we did not go more extensively into
the business; for with the stringency in the money market andgeo.
eral stagnation in business, had we done so we would either have
had our wagons and furniture unsold or sold on time over the
country, and have been unable to make collections on sales. To
make a first-class wagon that we would be justified in placing
on the market under a full guarantee, both as regards material
and workmanship-which we will have to do to sell them in
competition with the many others now successfully established in
the Texas market-we must have thoroughly seasoned material,
and for this reason if we enter largely into the manufacture of
wagons, wo should accumulate a large stock of wood mate-rial,
so as to have it thoroughly and properly seasoned, which
requires fifteen months to two years, owing to the size and
thickness of the pieces of timber.' .
The wood material in an ordinary two-horse thimble skein
wagon will cost about $16, and consequently if we should ar-range
to run our wagon shop at Huntsville to anything like
full capacity, and make, say, 6000 wagons per year, we would
require a capital of about $96,000to enable us to accumulate a
proper stock of wood material. The iron, paints, varnishes, etc.,
could be bought as needed, but we might add a capital of $30,000
to enable us to carry the requisite stock of these articles. Wag-ons
will have to be made one season for next season's sales and
it would require at least $50,000to carry them after they 'were
made until they could be sold and money realized from proceed.
of sales. Wagons are usually sold on four and six months time,
44 PENITENTIARY REPORT.
and furniture two to four months time, and the usual seasons for
the heaviest sales of wagons to the wholesale trade is from the
first of June to the first of September, and the furniture trade
generally opens up in July and August, and continues through-out
the fall months. Of course, if we enter largely into the man-ufacture
of wagons and furniture on State account, we will have
to meet competition both in prices and terms, or keep our goods
on hand unsold, and with all the precautions that can be exer-cised
by any prudent business man, we would necessarily make
a good many bad debts. It is often the case that persons not
thoroughly posted imagine that all that is necessary to establish
a manufacturing business of any kind is to erect proper build-ings,
equip them with the necessary machinery, and accumulate
the requisite stock, and commence the manufacture of goods, and
that the goods, when made, will sell themselves. This is a very
serious mistake. We will have no easy task to build up a suc-cessful
trade for our wagons and furniture when made. We will
have to enter the market in competition with manufacturers, the
reputation of whose goods are already thoroughly established,
and until we can gradually push ours upon the market for a suf-ficient
length of time to prove their merits in every particular,
we will have no easy task to persuade the best dealers in the
State to give up the goods of other manufacturers, for which
they have already' worked up a good trade, and take ours instead.
To operate the cabinet shop on anything like a scale commensu-rate
with the capacity of the machinery we now have on hand,
'it would require a capital of at least $30,000to carry the neces-sary
stock of lumber, cabinet hardware, paints, varnishes, etc.,
and $20,000more to carry the manufactured goods until they could
be sold and the proceeds realized upon. We have sent samples
of two-horse wagons, cane wagons and carts, and some samples
of our chairs, desks and other furniture, to the New Orleans Ex-position,
and hope, by this public exhibition of our goods, to
bring them into notice and make some reputation for them ..
I have been informed by agents of several of the large wagon
factories, outside of Texas, that make from forty to fifty two- .
horse wagons per day, that their factories are carrying over from
7000to 8000wagons from last year's manufacture for the want
of sale for them. Considering- the average size two-horse wagon
worth at wholesale $40, these factories have from $280,000to
$320,000tied up in wagons carried over from last season, besides
those they have made since, and the heavy stock of wood and
iron material they are compelled to carry, and which will amount
to as much more. The agents of these same factories tell me
•
PENITENTIARY REPOR'f. 45
that they have hardly collected enough from the sales of wagons
in Texas this season to.pay their traveling expenses, and that
they are compelled to g-rant extensions to the majority of mer-chants
to whom they have sold. I would advise that we pro-ceed
cautiously in the manufacture of wagons and furniture un-til
we can see the result of the crops of 1885. Should it be an-other
short crop year, the business in Texas will be ruined, and
sale of such goods almost impossible. I would, however. advise
the appropriation of at least $100,000per year by the Nin:eteenth
Legislature, in addition to the appropriations we already have,
to run the wagon and cabinet shops at the Huntsville peniten-tiary,
in case the Penitentiary Board deem it advisable after
they are assured of the crop of 1885. If there should be a fail-ure
in crops the appropriation need not be used, but if the crops
should be good and business revive, and the Penitentiary Board
conclude to manufacture these goods more extensively at the
Huntsville penitentiary, they will require every dollar of the ap-propriation
asked for, if not more. It must be borne in mind
that these industries are yet in their infancy, and they must be
assisted to develop and crawl before they can be expected to
. walk erect and support themselves.
RUSK PENITENTIARY.
There is a full line of machinery at this penitentiary for the
manufacture of wagons and furniture-much more extensive
than the machinery at Huntsville for same purposes-s-and I
would suggest, if it would not be best if all the wagon and cab-inet
machinery was consolidated at Huntsville, and other indus-tries
substituted in their stead at Rusk. In the first place, if the
Legislature and Penitentiary Board desire to engage extensively
in the wagon and furniture business, and the necessary appro-priations
are made to carryon their manufacture, we can make
from forty to fifty wagons per day, and more furniture than we
can find ready sale for at the one penitentiary. Secondly, the
change would enable us to dispense with one set of foremen for
these different shops, which would save us $5000to .$6000per
year, when these industries were run to their full capacity.
Thirdly, whilst the railroad facilities are far from what they
should be at Huntsville, still, they are a great deal better than
at Rusk, and being in the center of a better timbered country,
we can g-etlumber of every description laid down at Huntsville
at from two dollars to three dollars per thou saud less than at
Rusk, and have better facilities also for shipping out our manu-factures.
Fourthly, by running such industries at both prisons
46 PENITENTIARY REPORT.
we would virtually have the State competing with herself. Of
course, I do not wish to be understood by this suggestion as re-commending
the abandonment of the developement of the in-dustries
at Rusk, which should be pushed as freely there as at
Huntsville; but I do believe it would be the wisest and best
policy to substitute for the wagon and cabinet shops there, say
a plow factory, foundry for general castings, car wheels, stoves,
water pipe, etc., which seem necessary to assist in utilizing
properly the product of pig iron that may be made at the fur-nace.
We desire your honorable Board and the members of the Nine-reenth
Legislature, soon to convene, to freely consider all the
difficulties under which we will labor in endeavoring to conduct
a business of so great a magnitude on State account, and to
bear in mind that we will have to operate within the bounds of
the appropriations placed at our disposal; and many matters
will doubtless come up in such a business where we will be
hedged in by law, and cannot assume the risks and responsi-bilities
that a firm could who are conducting such a business on
private account.
I paid for the support and guarding of from 350 to 400
convicts at the Rusk penitentiary, from the sixteenth of May,
1883, to the first of January, 1884, when said prison was turned
over to Messrs. Comer & Fairris, under the contract made with
them by the Penitentiary Board, in July, 1883. The convicts
from the sixteenth of May, 1883, to the first of January, 1884,
were employed in building the iron furnace, dam for water sup-ply,
placing machinery in the shops, and general improvements
in and around the prison. The value of this labor, at 60 cents
per day, would have amounted to at least 824,000. A large
number of the convicts confined at Rusk at this time were dead
heads, and in consequence were not only non-productive, but
an actual expense to the State.
Messrs. Comer & Fairris' contract commenced on the first of
January, 1884., with about 300 convicts, which were gradually
increased until the number worked by them was 500 in March.
We collected labor bills from them for the months of January,
February and March, amounting to $8,975.48. On the twenty-eighth
of April, 1884, they went before your honorable Board,
claiming that owing to the small product of iron made by the
furnace, that it was necessary to make some changes, and also
that, owing to the stagnation in business and the extreme low
price for iron, they had not been able to realize anything on the
iron already made, and consequently they were forced to ask
PENITEN'rIARY REPORT. 47
an extension of four months time on their labor bills; and also
that the state advance tham the money to pay for provisions for
the use of guards and convicts for a like time. A supplemental
contract was made by you with them on that day, subject to
the approval of their bondsmen, in which such concessions were
granted. Their April labor bill, which, under the original. con-tract,
was due tenth of May, 1884, was, by this ::mpplemental
contract, made payable on tenth of September, 1884. On tenth
of September, 1884, they made a proposition to surrender their
contract and turn over to the State sufficient property they had
purchased and accumulated for use of the Rusk penitentiary
to pay their indebtedness.
The Penitentiary Board. after consultation with Major Goree,
Superintendent, and myself, decided it best to accept their prop-osition
and entered into a written agreement to that effect,
rather 'than risk the slow process of a law suit against them and
their sureties to collect the amount advanced them under the
supplemental contract for provisions and their deferred labor bills.
In accordance wit.h the terms of a written agreement entered
into between your honorable Board and Comer & Fairris, Major
A. E. Davis, of Walker county, was appointed on the part of the
State and Mr. A. J. Owens, of Cherokee county, was appointed
on behalf ot Messrs. Comer & Fairris, to take an inventory and
appraise the value of the property originally received from the
State by Comer & Fairris, and also the private property pro-posed
to be'turned over by them to the State to pay their indebt-edness.
Mr. R. A. Hendry, of Cherokee county, was afterwards
chosen as an umpire to settle matters of difference in the
valuation of property that the appraisers could not agree upon.
Whilst the terms of the original contract, as well as the agree-ment
entered into with them on September, 1884, providing for a
surrender of their contract, were plain and of easy comprehen-sion,
as regards the mode and manner of taking an inventory
and appraising the value of property proposed to be turned over
to the State, many difficulties and disagreements arOS3between
the appraisers. A good many of these differences of values were
settled by the umpire, but at the close of the appraisment there
were many points raised by Comer & Fairris which the ap-praisers
and umpire could not settle, and which were finally
adjusted by Messrs. Searcy and Tips, of your honorable Board,
and under their instructions I made a final settlement with
Comer & Fairris as per statement, namely:
/
48 PENITEN'l'IARY REPORT.
To amount of property turned over to Comer & Fairris, as per in-ventory
first January, 1884 . ' , $212,895 24
To amount of our account against them ,..... 33,329 47
To amount of cash paid them on settlement , ' 3,084 19
$249,308 90
$249,308 90
As will be seen from the above, their account against the State
for property returned, which was charged to them in the origi-nal
inventory, and for their private property turned over to the
State, and for their account for work done, provisions, etc., and
permanent improvements made by them, amounted to $3,084.19
more than the amount of the original inventory charged to
them, and our account against them for labor and cash ad-vanced
to pay for provisions, etc., which amount was paid by
me on settlement tenth December, 1884. Messrs. Searcy and
Tipps agreed, by way of compromise with them to get a settle-ment,
to take some lumber they had at their mill, near Alto, in
Cherokee county, allowing $10per thousand feet for first class,
$7 for second class, and $4 for rough edged lumber, at the mill.
They state that they have about 200,000feet, and it was agreed
this lumber should be measured and classified by two disinter-ested
parties, one to be chosen by Comer & Fairris, the other
by the State. We will have to pay, probably, $1500 for this
lumber, which was not included in the above settlement with
them.
Since the surrender of Comer & Fairris' contract on the tenth
September, 1884,a portion of the convicts at the Rusk peniten-tiary
have been employed cutting wood, hauling wood and
burning coal, and in rebuilding the dam for water supply, while
but little work has been done to bring in any revenue to the
State. As shown by my books from the sixteenth May, 1883,to
the first of November, 1884, the Rusk penitentiary is debited
with cash paid by me for salaries of officers, employees, ser-geants
and guards, for provisions, and for clothing, shoes, and
bedding; etc., shipped from Huntsville, $97,844.23;and is credited
with cash received from Comer & Fairris for hire of convicts
and for miscellaneous labor, work done in shops, etc., $14,089.24,
leaving a balance to the debit of said prison on the first of N0-
By amount of property returned by Comer & Fairris belonging to
the State $212,171 38
By amount of their private property turned over.. . 33,016 01
By amount allowed them. for permanent improvements, by the
Penitentiary Board ... ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,130 60
By amount of their account against the State ' ,... 2,980 91
PENITENTIARY REPORT. 49
vember, 1884,of $82,799.99,over and above receipts. This prison
should be credited by the a~ount of the balance of the account
against Comer & Fairris, viz: $26,647.63,which was charged b.y
me to the Rusk penitentiary as the advances were made. ThIS
would properly leave a debit of $56,152.36on the first of Novem-ber,
1884,over and above receipts. '.
In October, 1884,we had partially agreed upon a contract WIth
Mr. E. Culverhouse, superintendent and manager of the K. &
G. S. L. R. R., to build about twenty-four miles of r~ilroa~ from
near Alto, in Cherokee county, to form a connection Wlt~ t~e
East and West Texas Narrow Gauge Railroad near Lufkin, m
Angelina county, but before arrangements were concluded, ~r.
Stevenson, of New York, the principal owner of the road, died,
and negotiations have been stopped for the present. Could we
have closed this contract it would have given us employment,
for three months at least, for our surplus convicts at Rusk,
which are now and will be, a dead expense to us until we can
find other omployment, or the State is in a situation to com-mence
running the furnace. Under instructions o~ yo~r ~ono:-
.able Board, Major Goree, Superintenuent of Penitentiaries, IS
now in correspondence with a thoroughly posted furnace and
iron man with a view to get him to visit Rusk and make a
thorough' examination of the furnace, iron ~re, lime rock, etc.,
and to gi,ve us a definite idea of the capacity of ~he f~rI:ace,
richness of ore and the probable cost of manufacturing pig Iron.
There is no doubt in my mind as to the quality and quantity of
iron ore, and the question of wood for charcoal, and lime r?ck
are the most serious obstacles we will have to contend Wlt~.
The present railroad facilities, and the .high freight rates on pIg
iron to markets outside of the State, WIllnot allo;v of the man- ,
ufacture of pig iron at Rusk, I fear, so as to realize any. p~ofits
from its sale. It will cost us about $14per ton to make pIg Iron,
which is worth in St. Louis on present market from $16.50 to
$]8, owing to quality, and the best rate cf freight we can at
present get to St. Louis is $6 per ton. The State, h.ow:ever,has
too much invested in this furnace and other buildings, ma-chinery,
etc., at Rusk, to think of abandoning th~ iron enter-prise.
Owing to the present condition of the Iron. m~rket
throughout the United States, which has caused t~e maJor.lty of
the pig iron furnaces to close operations for the time, I WIll ad-mit
that it is an inauspicious time for the State to commence
this industry at Rusk; yet we should remember that owing to
the depressed condition of the money m~rke.t, and. the g~neral
stagnation and dearth in the iron trade, It WIllbe impossible to
50 PENI'fENTIARY REPORT.
obtain responsible and reliable parties to contract for these in-dustries
at this prison, and pay us such prices for convict labor
as would be sufficient to meet all the expenses, without any
profit on the labor whatever. If the State would run the furnace
for a sufficient time to prove that the iron industry at Rusk can
be made a success, we might then be able to make a favorable
contract with outside parties, if it was deemed the better policy,
than to run permanently on State account.
Whilst I do not profess to know anything about this piG'iron
. 0 mdustry, I am fully convinced that the manufacture of pig iron
alone will never pay at Rusk until we have better railroad fa-cilities
and a great deal cheaper rate of freights to the principal
markets of the country. To overcome this. I would suggest
that the better policy would be to establish shops and foundries
there for the making of car wheels, heating and cooking stoves,
hollow ware, castings of all kinds, water pipes, plows, etc.
With these adjuncts, we could utilize our product of pig iron,
and could, in my opinion, after working up a trade for these ar-ticles,
dispose of all such products in Texas, Louisiana, Arkan-sas
and Mexico, at remunerative prices. I am not sufficiently'
informed upon the industries mentioned to give you a correct or
reliable estimate of the amount that would be required for the
State to successfully engage in them, but think that, with our
present foundry and other machinery, $30,000 would purchase
the necessary additional machinery and enable us to add the
shop rooms needed. If the State should conclude to run the fur-nace,
it should, by all means, buy up a quantity of land for coal-ing
purposes at suitable points, as this will be the heaviest ob-stacle
we will have to contend with in the future running of the
furnace. At least $20,ono should be invested in timbered land
for coaling purposes. It will require at least $50,000 to buy
teams and pay expenses until we can get these industries into
successful operation, and $50,000to enable us to carry raw mate-rial
and manufactured goods until we can build up a trade for
them and get the industries established upon a self-supporting
basis. 0
SUHPLUS LABOR.
Owing to short crops in both 1883 and 1884, the stringency of
money matters, and the general decline in both the passenger
and freight traffic of the different railroads in the State, the
convict trains hired to the roads have been reduced from four-teen
to four trains, and number of working men on them from
fifty to forty upon an average. In January, IH84, they reduced
the price of section hand labor from $1.25 to $1.15per day, and
PENITENTIARY REPORT. 51
during the present year they have discharged a great many f::ee
la borers, as well as returning the majority of our convict trams
to us. There is no prospect of employing any of our surplus
labor on railroad construction trains before next summer, if
then, and the question naturally presents itself, what shall w.e
do with our surplus labor to make them self-sustaining, and If
possible, yield some revenue to the State? We cannot hire them
for wages on farms at prices that would support them. After
consultation with your honorable Board, we have entered into a
contract with Mr. Wm. Hearne, near Hearne, and Col. John D.
Rogers and James A. Hill, near Millican, for three years,. to
work their plantations in the Brazos bottom on the shares, WIth
what we usually call second class negro convict men, and boys
such as we cannot hire for wages at prices sufficient to support
them. 'We will work about one hundred of this class of labor
on Mr. Hearne's place, cultivating about twelve hundred acres
in cotton and four hundred acres in corn; and about seventy to
seventy-five convicts of same class labor on Messrs. Rogers &
Hill's place, cultivating about eight hundred acres in cotton and
two hundred acres in corn .
. We have also contracted for one year (1885) to work the plan-tations
of Messrs. J. T. Garrett, Scott Field and Henry Ivey,
near Calvert, and the plantation of Captain T. C. Clay, near Mil-lican
with white and Mexican convicts that have been returned
from' the railroads. We will work for Messrs. Garrett, Field
and Ivey about eleven hundred and forty acres, planting nil~e
hundred in cotton and the remainder in corn; and for Captain,
Clay about one thousand acres, planting eight hundred in cot-ton
and two hundred in corn, and will employ about eighty con-victs
on the first and about seventy on the latter place.
The farmers under these contracts furnish land free of rent,
tools, wagons, etc., and forage for teams, the necessary prison
buildings, gin houses, gin stands and cotton presses to gin all
cotton raised on the place. They also transport the convicts to.
and from Huntsville free of expense to the State, and transport
all supplies of every kind for guards and convicts from nearest
railroad depot to their farms. We furnish the convict labor and
guards, clothe and feed them, and pay all expenses incident to
the guards and convicts. All crops of both cotton and corn are
to be equally divided between the farmers and the State, the
farmers delivering our share of the crops, free of charge, to the
nearest railroad depot for shipment. In addition to one-half of
all crops raised Mr. Hearne pays us a yearly bonus of $1000,
Messrs. Rogers & Hill $800,Messrs. Garrett, Field and Ivey
·52 PENITENTIARY REPORT.
and Captain Clay $500, each on their contracts. It will cost us
abo~t $14.00 per month per convict to guard, feed, clothe, shoe,
furm.sh bedding, medicines and medical attention, etc., for the
convicts employed. During the present bad crop year these
farms, poorly worked by free labor, have made three-quarters
?f a bale of cotton, and about forty bushels of corn, per acre;
in a good crop year these lands generally average one bale of
cotton and about fifty bushels of corn, and often make more-consequently,
with a short crop year the convicts employed will
overpay expenses, and with a good crop year will net us a hand-some
profit.
PROBABLE Fu·rURE RESOURCES AND EXPENSES.
When I first assumed my duties as Financial Agent of the
penitentiaries, on sixteenth of May, 1883, I drew from the Comp-troller,
upon requisition approved by your honorable Board,
$25,000, to meet our current expenses until OUr first collections
were made for the hire of labor on farms and railroads. On
fifteenth of March, 1884, I deposited in the State treasury
through the Comptroller, $50,000, to be placed to the credit of
the penitentiaries, to be drawn against as needed. I have since,
up to the first of November, 1884, drawn out on requisitions, ap-prov~
d b~ your honorable Board, $20,000, which leaves to my
-credit with the State Treasurer the sum of $5000, over and
above the original $25,000 drawn by me from the Comptroller in
May, 1883.
Our available resources from first of November, 1884, to the
first of November, 1885, will approximate:
H~re conv~ct labor on farms, $13,500per month $162,00000
HIre convict labor on four railroad trains, $4500per month....... 54,t)0009
H~re conv~ct labor, Wiggin, Simpson & Co., $1100per month... . 13,20000
HIre convict labor, H. C. Still & Bro., $500 per month............ 600000
Miscellaneous labor, sale of goods, etc., $3000per month....... 36:00000
Total. . . . . .. '" $271,20000
This is a probable statement of resources as based upon the
present number of convicts hired out for wages, and the prob-able
amount of work to be done in shops, sales of goods, etc.,
and may be increased, if we should be able to hire out more
convicts for wages, or diminished if any of the convicts we now
have hired out are thrown back upon our hands.
Our expenses at the two penitentiaries and outside camps, in-cluding
the four farms on the Brazos we have contracted to
work on the shares, for same period, will approximate $25,090
PENITENTIARY REPORT. 53:
per month, or $300,000 per year. This makes no allowance for
the purchase of lumber, material or machinery for any of the
shops at either penitentiary.
With the amount of all approximate resources, and the cash I
now have on hand the first of November, 1884, I feel confident
we can meet the current expenses of the penitentiaries for the
coming twelve months. From sales of cotton raised upon the
farms we have contracted to work on shares, we will begin to.
realize by the first of September, 1885.
RECOMMENDATIONS AND SUGGESTIONS.
In the revocation of the leases of the penitentiaries made to.
Cunningham & Ellis and Morrow, Hamby & Co., the sentiment
and policy of the people of the State, as voiced by a majority of
the Eighteenth Legislature, was "to confine all convicts within
the walls of the penitentiaries, as soon as suitable buildings can
be provided for their confinement, and employment in such man-ner
as they will be self-supporting." My connection with the
penitentiary commenced on the first of January, 1878, at which
time 1492 convicts were turned over to Cunningham & Ellis, at
the beginning of their first lease. The number has gradually
increased, until we have on our prison records, the first of No-vember,
1884, 2539 convicts. In this same ratio of increase, in
two years more we will have on hand about 3000 convicts. At
the Huntsville and Rusk penitentiaries we have prison capacity
and cell room sufficient to accommodate comfortably about 1500
convicts, which is only a very little more than half of our prison
population; but our yard and shop room, at both these prisons,
is not near sufficient to work properly and profitably this number
of convicts, if the different industries are run to their full capa-city.
The question very naturally presents itself, what are we
to do with our prison population? Our Legislature should devise
and adopt some positive and definite plan for the future. If the
policy of confining all the convicts within the penitentiary walls
is to be adopted, appropriations should be made to build addi-tional
penitentiaries, and when this is done, the State should by
all means locate any future penitentiaries that may be built at
such railroad centers in the State as will give the proper trans-portation
facilities, and a competition in freight rates on sup-plies
and raw material that will have to be brought to them, and
such manufactured articles as will have to be shi

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OF THE
.- \
,.....
,\
SUPERINTENDENT AN~ FINANCIAL AG'.NT
OF THE
~Ii ~ ~~~tl TEXAS STATE PENITENTIARiES,
E~lBODYING
THE PROCEEDINGS OF THE STATE PENITENTIARY BOAR!>, AND
STATISTICAL AND FINANCIAL EXHIBITS; ALSO RE-PORTS
OF SUBORDINATE OFFICERS OF THE
TEXAS STATE PENITENTIARIES,
FOR TWO
YEARS ENDING OCTOBER 31, 1884.
AUSTIN:
1< fiI Po< UJ E=:'" -- -- -- -- -- --- -- --
1882
1882
1883
1883
1883
1883
1883
1883
1883
1883
1883
November .
December .
January .. ··••·•••·· •
1
February .......••..•.•...............•......
~~~~::::::::::::::::::::::::::::::::::::::::: June .
July .................•........................
August ...............•....•..................
September .
NOTB.-Of the deaths, oae was a United States prtsoner .. Of the di8cha~geB. two were ~nited State.
civil convicts, transferred to Chester, Illinois, eleven were Umted States COlJ.Vlcta. regularly discharged, and
eight were State convicts surrendered to district court on bench warrants from prison.
SYNOPSIS.
~:~=l~!f~E~O{~:fii~~~:~·f~~ii:·:·:·::·:::·:·::·::::::::::::·:':'::::':'::::::.:'.:'::.:::.:::.:::.::::i:.'::~:':':::':'::':.:.:.:::':':.:::.::.::.:
Grand total ...........•......•........................................ : ..........•.•••........••••.••..............•.•....•...•..•• 4,178
DEDUCT.
957 ~:3~~E~~~:i~i~~~~n:.~~E~2:~:~~.~~��~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::;:~::~:::.:::::::::::::::::'::::::: Convicts pardoned since November 1, 1882...................................................................................... 19~
Convicts transferred to other prison since November 1, 1882 .
Convicts surrendered to district courts since November 1, 1882......................................................... 8
Convicts on hand October 31. 1884.................................. ..................•.... 2,539
Total :.....................••..•....•........... 4,178
UNITED STATES PRISONERS.
On hand November 1, 1882........................ .•......•....................•......... ..........••••..••..•••••••............ Ii
Received since November 1.1882 ............................••....••..•....••.........................••...•.......••••..•...•••..•. __ ...
Total .............••.•.•••............••..•..•........................•......••...•..•...•••..•........•••...••••••.••••••........... 14,
DEDUCT.
Discharged since November 1. 1882.......................................... ..........••..•...•.•..•............•••...•..••••.••.. 1~
~~d~':~: I
~~~y'~~~:':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
-------.-----1----- ---- ------
1
42
2
57
1
4
3244
8
10
9
16
24
9
18
1
3
16
3
17
······4· :ii 24· 4: ii·
1 1 .
27 8 11 6
2 2 •.•.•.•.•••.•.••.•
1 .
7
111
368
14
13
46
•.•.•.•.• •.•.•.•.• 2
1 .
1 .
......... 1
2 •.••.•.•.
•.•.•.•.• •.•.•.•.• 2
2
1
...3t.·.·.4.· ii·
59
365
•.•.•.•.•.•.••.•.•
22
1
4,
1 .
1 .
2 4
2
12
2
2
1
1
----- ---- ------_. Total ......................•.•••......•.•...•.......................... 1,805 95 967 273 193 206
3
64
2
83
389
2
7S
10 .
14
14
17
32
12
22
7
8
26
3
18
12
11
2,539>
PENITENTIARY REPORT.
EXHIBIT No.3.
Location of Convicts on"hand November
Escapes and Deaths from November 1,
1884.
29
1, 1882, and showing
1882, to November 1,
=
County. On .I ]
Hand .••• ~
Ball, Hutchings & 00......•..•..........•...•............................•.................•....... · Brazoria...... 50
Cunningham, E. H ·...........................•.•...•................... Fort Bend... 136
Cuuningham, E. H. (temporary) .......•.••..•..•..•.•...•.........•............•...•..•....•.. ·•. Fort Bend... 57
Cunningham, E. H. (temporary) ..............•.....•.•....•..•................................•. Fort Bend... 50 i~i~Ir~;;~~~~~~~::~:.~~~~~~~~:::~I~2~n ::~~~~~~~~~~;;;::;~~~::~::;;;~~:~~~~;;:;;~~~:~~~;;;~~~:::~;House, T. W...........•........•..........•....................•.••..•......•...................•..... Fort Bend... .49
HOUse, T. W. (temporary) ....•.•........................••...............•.•.•. , ..••.•.......•..... Fort Bend... 40
Lake, Jackson .................•.................•.•..•••..•....................•....•............•...... Brazoria....... 27
Lewis, Henry ...........•.•.....••.................. ~........••..•.........•.... ·..............•.••..... Robertson.... 136
Watts, W. W.................................•.........•..............................•....•....•.•.•... · Robertson... 57
White, H. K...............•..•...•................•............•..•.................•................... Burleson...... 51
White, R. J ......................•..................•.......•..•....................; ......•...•......... Robertson ... 78
Wilsen, Ed ..........................•..................................•..................•.......•...... Robertson... 48
,Galveston, Houston & San Antonio Railroad No.2 ....................•................... Railroad...... 45
'Houston & Texas Central Railroad .................................•.................•.......... Railroad...... 41
1:ntern.tional & Great Northern Bailroad No.2 .................•..................••.•.•.• Railroad...... 46
'Texas Central Railroad ......................................••.••...•.•...•.......................•. Itailroad...... 44
Prison, Huntsville .....••.••.....••••..•.•••••......•••..•••••.•...•..•.•••••••.......••..•....••.....• Walker 660
!Prison, Huntsville farms .....•............ :.......•........................................•........ Walker .......•••••.....
IPrison, Rusk .....•.•.............................•.....•..•.......................•...................... Oherokee.;»: 555
~riBOn, Rusk, farm and outside .................••...••................•......•...........•.••... Cherokee •...........•...
Forces discontinued sine. January 1, 1883. I
Gulf, Colorado & Santa Fe Railroad No.1 Railroad...... 21
Gulf, Ocloredo & Santa Fe Railroad No.2 ....•...•..•..•...•..................... : Railroad ......•.•••...... 28
Gulf, Colorado &; Santa F. Railroad No.3 Railroad...... ..••....... 3
Galveston, Houston & San Antonio Railroad No. 1.. ..........................•........... Ratlroad.i.v.. •.•••..•... 12
Galveston, Houston & San Antonio Railroad No.3 ........•.........................•..... Bailroad.i.v.. •.•••.•.•.. 1
Galveston, Houston & San Antonio Railroad No.4 Railroad...... ..•........ 2
Texas coal force ....................•...............•...........•...................................... Batlroad.. 7
Texas & Pacific Railroad No. 1.......................................................••........... Railroad...... 12
Texas & Pacific Railroad No.2 ......................................••.•......................... Railroad...... 6
T.xas & Pacific Railroad No.3 ...............••.................................................. Railroad...... 5
Trinity & Sabine Railroad .....................•..............•...................................•. Railroad...... .•.•....... 7
Kelly'. mill .....................•.................•..••.•••..•.................•........•......•..•....... Walker....... 1
Wells, John .......•••••...••........•••............•••••••••...••••••••••••••........•••....•.•••.••••••• Brazoria...... .......•... 4
'Internaricnal & Great Northern Railroad No.1 Railroad...... •..•....... 5
Hale & 00..................................••..•........................................................•. Milam .
Dodd, Brown & Co....•.•..........................•.•.....•.....•..................................... Brazoria .
Grand totals................ ....•... ..................................•. ..•..•. ....•......... 2,539 273 206
Forces.
13 1
17 8
2
5
5 5
11 16 ......
1 3
9 6
1
6 3
8 1
5 1
9 1
6827
3
4 2
1 70
3 4
2 36
35
72
2
32
2 _ 3
3234
)
30 PENITENTIARY REPORT.
EXHIBIT No.4.
Employment of Convicts in and about Huntsville prison.
INo. of
__________________________________________________________________________ Conviots
PRODUCTIVE. I
II~~lfl:p·~;(·~m·~;~t!-;:;;;);~;;/;0;;?!-;;;;;/i-;;;
.................................................................................
:i:~~r~~~S~:~~rs~.~~~~~.~~~.~·.~::::.:.:.·..':~· ': .
Plani IJg mill ....•...........•...........•.......................: .: :'::::.:':.: ':': :': '::::::::::::::::::::::::::::: .: ':': ~~~;n;:~~~; ····.0". ' ......•• '" .......••......••..............•••.•.••.................. .......................................................................................................................... ~~i~~tEL2L~Ic2_L·iij/cLi;.:._._L·;.·. Under contract w~th H: C,.Sh~l & Bro. for manufacturing saddle trees and stirrups .
Under contract with Wtggtn-Bimpson Co. for manufacturing machinery and foundry .
INDI.· PENSABLES.
..........................................................................................................
............................................................ ,' .
NON·PRODUCTIVE.
Geueral roustabouts .
Generally incapacitated, In hospital and otherwise " .
Total .....................................................................•......................................................
Productive labor .
~od~~~~~~~~l~~·~::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::':.':::.::
Grand total ................................................................................................•................
Employment of Convicts in and about Rusk Prison.
No. of
---- ~ · IConvicts
PRODUCTIVE.
~!.~~~S:!!~Dt~...•...~....:.....~....~....~....~........c...n.....•........••.......••••..••••..•.•...........................••...•..
B . k d I ............•....•...........•.•.....•....••..•.............•.•••••••..................•...•.••......••••.•.•• F~II~dlei~ia:a~~~;~.;~·~..·t· ..........................................................................................................•
G I J b ................•.....................•.•...........••.........................................................
~~~i~:ri.~~f~~;:~~i~i~::~:;~~:~~:::::::::::::::::::::::::::::::'.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Millers :::::::::::: :::::: .:::::::: :::::::::::: :::::: :::::::: :::: :::::::: ::::::: :::::: :::::: :::: :::::
52
23
I
35
37
126
2
21
21
7
2
11
151
4
19
29
28
35
74
11
86
10
4
4
4
10
I
231
2
2
20
46
660
510
84
66
660
13
7
36
27
32
106
17
1
PENITENTIARY REPORT.
EXHIBiT NO.4-continued.
----------------------- ---
PRODUCT1 VE--continuea.
gervanta .......................................................................................•••..................•....................
Soap makers ..........•.•..•.•.•.••..•...........................•.•.•.....................••..........•................................
Teamsters .................................•.......•..............................................................•..•......•............
Wheelwrights and carpenters .....................•.............•.•.......................•.....................................
Wood choppers ............•..............................................................................................•............
INDISPENSABLE.
~~:.~n!:~:~~~!i~::~~:~~.::::::·::::::::·:·::::::·::·:·:·:::::.::::::':':':':::'::'::':.::::::::::::::':':':':::::::::::':::::'::::::::::::::::::::::::/
Gate keepers .
Hospital attendants .
Blast furnace .
Messengers .......................................................................•.....................................................
Laundrymen ,..............................•.............................•.........................................
Stablemen .
NON·PRODUCTIVE.
Generally Incapacitated .
General roustabouts '" .
Total. .............................................................................................................•...............
Productive labor .............•.....................................................•....................•••............................
Indispensable labor ......••••••.....................................................................................................
Non-productive labor •... ,'..•...................•.•.•..••..••••.................•.....•.............•••••...... '.................•..
Total .
Employment of Convicts w outside forces.
Plantations .
Railroad construction .
Tota!.. ,............... 1,324
NOTE.--Convlct. on hand October 31,1884...... 2,539
Convicts in all outside forces '" 1,~~ ~:;l~::~~~;kts;f:::.~~.~~:::::::::::::::::::::::::::::::::::::::::::'.::::::'.::'.::::':.:':.: .z:':': :::::::::::::::::~:
Totals '" . . . . .. 2,539 2,539
31
No. of
Convicts
4
1
3
21
137
10
6 19
632
1
193
41
40
555.
505
69
81
555
I No. of·
Convicts
1,148
176
)
32 PENITENTIARY REPORT.
EXHIBIT No.5.
Characteristics of Convicts received and on hand.
.5":
00 ·;:z
"0-0 0" .
'oOc~..~.... ZO~
RACE.
--------_._------_._-- --- --- ---
White.................................................................................................. 918
Colored...................................................... ...........• 1,183
Mexican........................................................................................ 175
Indian................... 2
Chinamen .........•................................................................................••...............
827
835
141
11
SEX.
Total............... 2,278 1,805 2,539
Male •.................•.............................•.......................................••..........
Females ......................................................•........................................
2,253
25
1,778
27
NATIVITY.
Total... . 2,278 2,805 2,539
Natives of the United State •.................................................................
Foreigners .........•....•...•••.•.........•.•.....•..••......................... ", ..... _,......•.•..
1,909
369
1,609
196
Total.................. 2,278 1,805 2,539
EDUCATION.
Eiue ..............................................................................••....................................
Common ........••........................•.....................................................•........••..•....
Tlliterate .
25
952
828
Total....... .��....... . .. .•.... 1,805 2,539
HABITS.
Temperate .
Intemperate ......................................................................................•..................
782
1,023
Total... 1,805 2,539
USE OF TOBACCO.
Users .......................•.........................................................••.......••.....................
Non-users ..........................................•................................................................
1,488
317
Total •................................................ :....................... 1,805 2,539
CONJUGAL RELATIONS.
Married ......................•...........•................................................................•..........
Single...........................................................................•....................................
Widowed .......•.••••..•..................••......•...••...•......•.....•••.•... " ......................••••.••......
634
1,137
34
COM~lITMENTS AND RECOMMITMENTS.'
Total •............................................................................................ ~ ~
First term ..................................•.•...•..................................................................
Second term ...............................................................................•........................
Third term .........................................•...............................................................
1,761
41
3
Totals =~~
---------------------
*NoTE.-This is only approximated, as, under the system of outside labor, recommitments are not always
recognized, and service in other prisons is seldom admitted, but generally concluded from conduct and
other circumstances.
1,020
1,317
200
11
2,506
33
2,283
256
130
1,048
1,361
894
1,645
2,007
532
893
1,603
43
2,454
82
3
PENITENTIARY REPORT. 33
E;~HIBIT No.6.
Previous Pursuits .
Occupatlou.
Bakers :........ 154 167
Barbers 1 1
Barkeepers......... 20 20
~;tE,~~:~~~:~~~~~~~~j:~~.~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::: 1~
Butchers.............................. ..................................•......................... ~ 2
Cabinet makers 33 43
gf;:':~b~~~~kk~~~p~·;~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1: ~ 1:·
g~~£~?~~~~~~:~::::::::::::::::::::.::::::::::::::::'::::.:.:.:::::.::::::::::::::::::.::::::.:.:::::::::::::::::.:::::::::::::::4::~: 5~
Engravers i ~ Factory men ..•...•.. ........• 3 3
Firemen ...•..... 3 3
Gasfitter •... _.................................... .................•.............................. 2 ~~~;~;i.~W:~:t!~::,.l 12
11
4
145
7
3
1
15
6
13
5
Soldiers........ 23 33
Stonecutters 3 5
Tailors...... ..........•............................................... 1 5
Tauuors ..............•............................................................... 2 2
i~~e~~;:.!:.,~~. :~::~:.:~:':~.~;::::::::::::::::::':.::::::::::::::::::::::::::::::::::::::::::::: ~ ~
~~::&~::::~;L~~·:::~.~.~.:·.~:~·~~·~~·:.~~~~~;.·;:.·;:.·;:~.;:~.;.:~:.~;:;~~~:.:;~~··~··i~;;5;~;4~~~~2··.':~1~:~~~~~~~~~~:~~~:.~~~.:.:~;::
Total........ 1,805 2,539
Number of convicts received since November 1, 1882.........•.•.••...•••.••• ·......••.••• •.•..•• •·••··• .. · 1,805 ...•.. ·260 ~~:~~:~~~~;l:f~~o::~:~~:~:do~::~: }~~':~:.i':~.'::~:.:;:~::::::::::·:.'::::::.::::::::::~:::::::::::::::::::::_::_1,5~
Total • . 1,805 1,805
)
36 PENITENTIARY REPORT.
EXHIBIT No.9.
Terms.
Terms.
SHORT TIMERS.
Less tha n one year " . .
One year and less than two yea.rs ,_, . .
Two years and less than three years , _.., , ,." ,
Three years and less than four years ....••....... . .
Four )'ear8 and less than five years................. . , ..
Five years and less than six) ears , " " , , .
Six years and less than seven .years ~ , , '" ,_,"' , , .
Seven years and less than eight ypars ..............................• , .
Eight years and leas than nine years , .
Nine years and less than ten years .
Ten years and less than fifteen years " .
BLACK BALL MEN.
Fifteen years and less than twenty years .
Twenty years and Jess than thirty years... . .
Thirty years and less than forty years............... .. .
Forty years and less than fifty years ".. .. .
Fifty years and less t hall sixty years .. '"
RED BALL MEN.
Sixty years and upwards and lifetime .
Total ~ .
~,0,0~"" '". 2cl
.~~~ .;;: 8 ~r-I- " . '-.- . _,0o,'S""
0",> 0.0 ~~Z Z6o0
84
4
648 668
128 13n
U8 128
492 594
44 94 ~I153
67
10~
32
223
44 106
24 73
3 25
1 8
8 20
53 205 ---- ---
1,805 2,539
Ages.
Ages.
Less than fifteen years " .
Fifteen years and less than seventeen years .
Seventeen years and less than twenty years ", .
Twenty years and less than twenty-five years ,.......... .. .
Twenty-five years aud less than thirty years . i~:~~~:_~~~~B~:~drs~;netl~~~~~r~~~;~;;,~:~:.~:': : : : : : :': .: : .: ': :': .: ': .
Forty years and less than fifty years ., :::: ::: ::: ::: ::: f!;~~r:~~~~~i~~~!i~:::.~r.~~r~~~~~·:·::·:::·:·::·:.:.:.·:::.:·.::.:.:.::.:.:::..::.::.:.::.:.'::.:.::.:::.:::.:.::.::::::
30
62
·251
564
407
204
122
98
54
11
2 ------- Totale . 1,805 2,539
~.;;:
5-0
."..."..• 0'3, the day on which Cunningham & Ellis, and Morrow,
Hamby & Co. made a final surrender of the penitentiaries to
the State. Having been in the employment of Cunningham &
Ellis as their cashier and general business manager, and being
personally related to Co1. E. H. Cunningham, I did not desire to
have anything to do in settling their accounts with the State,
which I would say was also the expressed wish of Governor Ire-land
to me, such settlement being made by your honorable
Board, based upon inventories of property taken by a board of
appraisers, appointed in accordance with the terms of their con-tract
with the State.
I would invite your attention to accompanying tables for in-formation
in reference to my official acts.
Exhibit A, on file with Secretary of the Penitentiary Board,
shows an itemized statement of all cash received by me, and from
what source, from sixteenth May, 1883, to first November, 1884.
Exhibit B, on file with the Secretary of the Penitentiary Board,
shows an itemized statement of all cash disbursed by me, and
for what purpose, during the same period, for which I have in
all cases taken receipted vouchers in duplicate, and have filed
the duplicates of such vouchers monthly, with my reports to the
'Comptroller of Public Accounts, accompanied with copies of all
invoices of goods bought by me, and ~ave retained the original
PENITENTIARYREPORT. 39
vouchers and invoices in my office, at Huntsville, which I hold
subject to inspection at a,.vytime. In the purchase of all supplies
of provisions, material for shops, and goods of every kind needed
for the two penitentiaries and outside camps, I have used my
utmost endeavors to consult and protect the interest of the State,
and as far as posible to buy our supplies of every kind from first
hands at the very cheapest cash prices, and as to howI have suc-ceeded
in this respect I invite an inspection of the invoices of
goods purchased by me, only asking that the market value of the
different kinds of goods be taken into consideration on the day
the purchases were made.
Exhibits A and B, mentioned above, being quite voluminous,
are not printed in this report, but are on file with the Secretary.
of the Board subject to inspection at any time. They were also
filed each month with the Comptroller of Public Accounts. The
remaining exhibits mentioned follow in this printed report.
Exhibit C shows a monthly summary of the receipts and from
what sources, and
Exhibit D'a monthly summary of the disbursements.
Exhibit E gives the general expenses of the penitentiaries and
outside camps for each particular account.
E:xohibitsF and G give the gros l receipts, expenses and net
profits and average monthly profit per convict per month on the
forces hired upon farms and employed upon railroads.
As regards exhibit F, for receipts and expenses on the farm
forces, I would remark that the negro convict labor was con-tracted
to the different farmers in August, 1882, by the old
Penitentiary Board, before the inauguration of the present ad-ministration.
This labor was hired to the farmers at fifteen
dollars per month, they in addition obligating themselves to
furnish the necessary prison building and to feed the convicts
and guards, the State obligating herself to pay the salaries
of the sergeants and guards, to furnish bedding, clothing, shpes.
tobacco, stationery and postage, medicines, medical attention
for the convicts, and arms and ammunition for the guards, and
to transport all convicts and guards to and fro, that might be
necessary to keep up the number of convicts hired the farmers
under their contracts with the State. This labor, which is com-posed
of the best and most able bodied convicts we have in the
penitentiaries, has netted us from six dollars and thiry cents to
seven dollars and sixty-seven cents per man per month, after
paying all expenses on them.
The convicts employed on construction trains on the railroads
were white men and Mexicans, and were hired at one dollar and
40 PENITENTIARY REPORT.
twenty-five cents per day for each day's labor performed up to
the first of February, 1884, when we were forced to reduce the
price of said labor to one dollar and fifteen cents, on account of
the general dullness in business and a -general reduction in the
prices paid by the railroads for all such class of work. The State
paid all expenses of sergeants and guards, fed guards and convicts '
and furnished bedding for guards and convicts, and clothing,
shoes, tobacco, medicines, medical attention, and, in fact, paid
all expenses incident to working the convicts so employed. The
different railroad companies furnished free transportation for all
guards, convicts and supplies of provisions, bedding, clothing,
etc., in accordance with the terms of the contracts with them.
.This labor, as shown by exhibit G, paid in a net profit per con-vict
per month of from six dollars and ninety-eight cents to
fifteen dollars and seventy-three cents.
When the State resumed control of the Penitentiaries, on the
sixteenth day of May, 1883, we had out thirteen railroad trains,
upon which were employed about fifty convicts each. On the
tenth January, 1883, we hired another force of about fifty convicts
to the 1. & G. N. R. R. Co., to be worked on Trinty and Sabine
Branch of their road. On first July, 1884, we hired a force of
about forty-five convicts to the T. & P. R. R. Co. On thirtieth
September, 1883, 1. & G. N. convict train No.3 was turned in
by the railroad company, and was transferred to the G..C. & S.
F. R. R. Co. On account of short crops, etc., in 1883, the T. &
P. R. R. Co. returned to us trains Nos. 1 and 2, which were
transferred to the Rusk penitentiary first October, 1883; and
upon. the same date the T. & S. train were returned to the
Huntsville penitentiary. On first January, 1884, Texas Central
convict train No.2; and on first February, 1884, G. H. & S. A·
convict train No.1, were returned, the former going to the Rusk
penitentiary, and the latter to the Huntsville penitentiary. The
G. C. & S. F. R. R', on the twentieth September, and 1. & G. N.
R. R., on thirtieth September, 1884, returned one train each to
Huntsville. On first October, 1884, G. H. & S. A. train No.3,
and G. C. & S. F. train No.3, and on tenth October, 1884, G. C. &
S. F. train No. 1 were returned to us. The two former have been
hired to Colonel E. H. Cunningham, and the latter to Colonel L.
A. Ellis, temporarily, to help take off their sugar crop. On
second of October, 1884 the T. & P. train was returned, leaving
us only four convict forces employed upon railroads. The dif-ferent
railroad companies assigned as reasons for returning the
forces of convicts, the general stringency of the money market
an d the general depression and falling off in their business on
PENITENTIARY REPORT. 41
account of short crops and hard times. We have, since the
tenth of October, 1884, hed about forty convicts hired to T. W.
House that were returned by the railroads, and to Colonel Ellis
thirty-six convicts, and to P. J. Willis & Bro. twenty-five-sec- .
ond class negroes-all temporarily, to assist in securing their
sugar crops. These convicts, with the three train forces of fifty
each, hired temporarily to Cols. Cunningham and Ellis first of
October, 1884, will all be returned to us by the first of January
next.
Exhibit H, gives a statement of the Wynne farm for 1883 and
1884. This farm is situated about two and a half miles from
Huntsville, and was bought by the State from Messrs. Cunning-ham
& Ellis at the date of surrender of their lease, sixteenth of
May, 1883. The tract of land contains something over nineteen
hundred acres, and when bought, there was about nine hundred
acres in cultivation, about half each being planted in corn and
cotton. The crop was very nearly made. The Penitentiary Board
took this property from Messrs. Cunningham & Ellis at what it
actually cost them in December, 1882, and the expense of culti-vating
the crop up to sixteenth of May, 1883, which was $21,000.
. This amount was not paid by me, but was paid out of the $40,-
000 appropriation made by the called session of the Seventeenth
Legislature, to enable the State to settle' with Cunningham &
Ellis, and the $50,000 appropriation made by the Eighteenth
Legislature to enable the State to resume, excepting a balance
of $3,616.98, which was paid out of the $100,000 appropriation
made oy the Eighteenth Legislature to enable the State to re-sume
control and operate the penitentiaries on State account.
The payments made by me for account of this farm were for
stock, tools and permanent improvements, salaries of sergeant
and guards, provisions for guards and convicts, etc. The value
of horses and mules purchased IS $830, and permanent improve-ments
for the gin house, etc., $1,510.05, paid for by me and not prop-erly
chargeable to the crops of 1883 and 1884, as they are invest-ments
for future crops as well. The value -of crops, etc., raised
on the farm is given at market values. The place has been
credited with the cotton raised and only for corn fed, fodder,
wood, etc., sent to the prison at Huntsville; leaving corn and
fodder, etc., sufficient to run the place. The cotton raised on the
farm has been used for the manufacture of convict clothing and
bedding, and for making lowells and duck, which we have sold.
Vegetables have also been raised upon the farm for the use of
the force there and for the feeding of guards and convicts at
Huntsvil.le prison. In 1883 we made sufficient corn upon this
42 PENITENTIARY REPORT.
farm to last the farm from August, 1883,until the new crop of
1884was ready for use and also for bread and forage for stock at
the Huntsville prison from August, lR83, until May, 1884. This
year we have enough corn from the farm to last us for bread,
and forage for our Huntsville prison teams until May, 1885,
besides leaving enough on the place for its own uses until the
crop of 1885is made. The land of this farm, like most of that
in Walker county, is not the richest, but on account of its prox-imity
to the prison we have been enabled to work it with second-class
and invalid labor, convicts who otherwise would have been
a dead expense to us. In addition to the crops raised we have
cleared and put under culti vation about two hundred and fifty
acres of new land, repaired fencing, and made many useful im-provements.
Exhibit I, gives a statement of the expenses of the J ohns on farm
from sixteenth May,1883,to first November, 1884,and of the Thom-ason
farm from first .Ianuary.t 883,to first November, 1884;and also
shows our shares of crops received, and market value of same.
These farms have been worked by us on the shares, the Johnson
farm employing our convict women and enough male convicts
for plow hands. The male convicts used on both of these farms
are second class and invalid labor, such as are employed upon
the Wynne farm, and. they are also situated conveniently to the
Huntsville penitentiary, in Walker county.
Exhibit J, shows the actual cash paid out by me for perma-nent
improvements, machinery, etc., at the two penitentiaries:
The bricks used for improvements were made in the prisons by
convict labor, and nearly all the work of every description per-formed
by convicts.
Exhibit K, gives a statement of the stock on hand first No-vember,
1884,-belonging to wagon shop, cabinet shop, and mis-cellaneous
stock at Huntsville, and stock on hand at Rusk.
Exhibit L, is a general summary of resources and property on
hand at Huntsville and Rusk penitentiaries on first November,
1884,and amounts paid out by me on permanent improvements
from sixteenth May, 1883,to first November, 1884.
SPECIAL APPROPRIATIONS FOR THE PURCHASE OF MACHINERY AT
HUNTSVILLE AND RUSK PENITENTIARIES.
As the majority of the contracts for machinery under these
appropriations had been made by Major Thos. J. Goree, Super-intendent
of Penitentiaries, before I assumed the duties of
Financial Agent, and as he was more familiar with the contracts
than myself, 'with the consent of your honorable Board, I allowed
PENITENTIARY REPORT. 43
him to co~tinue the disbursement of these special appropriations,
and he will make a speciel report of receipts and disbursements
of these special funds.
INSIDE INDUSTRIES, HUNTSVILLE PENITENTIARY.
The factory, shoe shop, tailor shop and tin shop we have run
to make our convict clothing, bedding, shoes and harness and
tinware about the prison, and to do local custom wurk, and
I think it advisable to continue this policy.
As regards the wagon and cabinet shops, we have only run
them on a limited scale. In May, 1883,after the State resumed,
we delayed sometime in getting ready to run these shops, first on
account of several. ineffectual attempts to contract them, and
then we delayed sometime in converting the old cell buildings
into shops, and placing our new machinery into position. We
have only made a few wagons the past year, and a limited
amount of furniture. Since the short crops of 1883and 1884,it is
exceedingly fortunate that we did not go more extensively into
the business; for with the stringency in the money market andgeo.
eral stagnation in business, had we done so we would either have
had our wagons and furniture unsold or sold on time over the
country, and have been unable to make collections on sales. To
make a first-class wagon that we would be justified in placing
on the market under a full guarantee, both as regards material
and workmanship-which we will have to do to sell them in
competition with the many others now successfully established in
the Texas market-we must have thoroughly seasoned material,
and for this reason if we enter largely into the manufacture of
wagons, wo should accumulate a large stock of wood mate-rial,
so as to have it thoroughly and properly seasoned, which
requires fifteen months to two years, owing to the size and
thickness of the pieces of timber.' .
The wood material in an ordinary two-horse thimble skein
wagon will cost about $16, and consequently if we should ar-range
to run our wagon shop at Huntsville to anything like
full capacity, and make, say, 6000 wagons per year, we would
require a capital of about $96,000to enable us to accumulate a
proper stock of wood material. The iron, paints, varnishes, etc.,
could be bought as needed, but we might add a capital of $30,000
to enable us to carry the requisite stock of these articles. Wag-ons
will have to be made one season for next season's sales and
it would require at least $50,000to carry them after they 'were
made until they could be sold and money realized from proceed.
of sales. Wagons are usually sold on four and six months time,
44 PENITENTIARY REPORT.
and furniture two to four months time, and the usual seasons for
the heaviest sales of wagons to the wholesale trade is from the
first of June to the first of September, and the furniture trade
generally opens up in July and August, and continues through-out
the fall months. Of course, if we enter largely into the man-ufacture
of wagons and furniture on State account, we will have
to meet competition both in prices and terms, or keep our goods
on hand unsold, and with all the precautions that can be exer-cised
by any prudent business man, we would necessarily make
a good many bad debts. It is often the case that persons not
thoroughly posted imagine that all that is necessary to establish
a manufacturing business of any kind is to erect proper build-ings,
equip them with the necessary machinery, and accumulate
the requisite stock, and commence the manufacture of goods, and
that the goods, when made, will sell themselves. This is a very
serious mistake. We will have no easy task to build up a suc-cessful
trade for our wagons and furniture when made. We will
have to enter the market in competition with manufacturers, the
reputation of whose goods are already thoroughly established,
and until we can gradually push ours upon the market for a suf-ficient
length of time to prove their merits in every particular,
we will have no easy task to persuade the best dealers in the
State to give up the goods of other manufacturers, for which
they have already' worked up a good trade, and take ours instead.
To operate the cabinet shop on anything like a scale commensu-rate
with the capacity of the machinery we now have on hand,
'it would require a capital of at least $30,000to carry the neces-sary
stock of lumber, cabinet hardware, paints, varnishes, etc.,
and $20,000more to carry the manufactured goods until they could
be sold and the proceeds realized upon. We have sent samples
of two-horse wagons, cane wagons and carts, and some samples
of our chairs, desks and other furniture, to the New Orleans Ex-position,
and hope, by this public exhibition of our goods, to
bring them into notice and make some reputation for them ..
I have been informed by agents of several of the large wagon
factories, outside of Texas, that make from forty to fifty two- .
horse wagons per day, that their factories are carrying over from
7000to 8000wagons from last year's manufacture for the want
of sale for them. Considering- the average size two-horse wagon
worth at wholesale $40, these factories have from $280,000to
$320,000tied up in wagons carried over from last season, besides
those they have made since, and the heavy stock of wood and
iron material they are compelled to carry, and which will amount
to as much more. The agents of these same factories tell me
•
PENITENTIARY REPOR'f. 45
that they have hardly collected enough from the sales of wagons
in Texas this season to.pay their traveling expenses, and that
they are compelled to g-rant extensions to the majority of mer-chants
to whom they have sold. I would advise that we pro-ceed
cautiously in the manufacture of wagons and furniture un-til
we can see the result of the crops of 1885. Should it be an-other
short crop year, the business in Texas will be ruined, and
sale of such goods almost impossible. I would, however. advise
the appropriation of at least $100,000per year by the Nin:eteenth
Legislature, in addition to the appropriations we already have,
to run the wagon and cabinet shops at the Huntsville peniten-tiary,
in case the Penitentiary Board deem it advisable after
they are assured of the crop of 1885. If there should be a fail-ure
in crops the appropriation need not be used, but if the crops
should be good and business revive, and the Penitentiary Board
conclude to manufacture these goods more extensively at the
Huntsville penitentiary, they will require every dollar of the ap-propriation
asked for, if not more. It must be borne in mind
that these industries are yet in their infancy, and they must be
assisted to develop and crawl before they can be expected to
. walk erect and support themselves.
RUSK PENITENTIARY.
There is a full line of machinery at this penitentiary for the
manufacture of wagons and furniture-much more extensive
than the machinery at Huntsville for same purposes-s-and I
would suggest, if it would not be best if all the wagon and cab-inet
machinery was consolidated at Huntsville, and other indus-tries
substituted in their stead at Rusk. In the first place, if the
Legislature and Penitentiary Board desire to engage extensively
in the wagon and furniture business, and the necessary appro-priations
are made to carryon their manufacture, we can make
from forty to fifty wagons per day, and more furniture than we
can find ready sale for at the one penitentiary. Secondly, the
change would enable us to dispense with one set of foremen for
these different shops, which would save us $5000to .$6000per
year, when these industries were run to their full capacity.
Thirdly, whilst the railroad facilities are far from what they
should be at Huntsville, still, they are a great deal better than
at Rusk, and being in the center of a better timbered country,
we can g-etlumber of every description laid down at Huntsville
at from two dollars to three dollars per thou saud less than at
Rusk, and have better facilities also for shipping out our manu-factures.
Fourthly, by running such industries at both prisons
46 PENITENTIARY REPORT.
we would virtually have the State competing with herself. Of
course, I do not wish to be understood by this suggestion as re-commending
the abandonment of the developement of the in-dustries
at Rusk, which should be pushed as freely there as at
Huntsville; but I do believe it would be the wisest and best
policy to substitute for the wagon and cabinet shops there, say
a plow factory, foundry for general castings, car wheels, stoves,
water pipe, etc., which seem necessary to assist in utilizing
properly the product of pig iron that may be made at the fur-nace.
We desire your honorable Board and the members of the Nine-reenth
Legislature, soon to convene, to freely consider all the
difficulties under which we will labor in endeavoring to conduct
a business of so great a magnitude on State account, and to
bear in mind that we will have to operate within the bounds of
the appropriations placed at our disposal; and many matters
will doubtless come up in such a business where we will be
hedged in by law, and cannot assume the risks and responsi-bilities
that a firm could who are conducting such a business on
private account.
I paid for the support and guarding of from 350 to 400
convicts at the Rusk penitentiary, from the sixteenth of May,
1883, to the first of January, 1884, when said prison was turned
over to Messrs. Comer & Fairris, under the contract made with
them by the Penitentiary Board, in July, 1883. The convicts
from the sixteenth of May, 1883, to the first of January, 1884,
were employed in building the iron furnace, dam for water sup-ply,
placing machinery in the shops, and general improvements
in and around the prison. The value of this labor, at 60 cents
per day, would have amounted to at least 824,000. A large
number of the convicts confined at Rusk at this time were dead
heads, and in consequence were not only non-productive, but
an actual expense to the State.
Messrs. Comer & Fairris' contract commenced on the first of
January, 1884., with about 300 convicts, which were gradually
increased until the number worked by them was 500 in March.
We collected labor bills from them for the months of January,
February and March, amounting to $8,975.48. On the twenty-eighth
of April, 1884, they went before your honorable Board,
claiming that owing to the small product of iron made by the
furnace, that it was necessary to make some changes, and also
that, owing to the stagnation in business and the extreme low
price for iron, they had not been able to realize anything on the
iron already made, and consequently they were forced to ask
PENITEN'rIARY REPORT. 47
an extension of four months time on their labor bills; and also
that the state advance tham the money to pay for provisions for
the use of guards and convicts for a like time. A supplemental
contract was made by you with them on that day, subject to
the approval of their bondsmen, in which such concessions were
granted. Their April labor bill, which, under the original. con-tract,
was due tenth of May, 1884, was, by this ::mpplemental
contract, made payable on tenth of September, 1884. On tenth
of September, 1884, they made a proposition to surrender their
contract and turn over to the State sufficient property they had
purchased and accumulated for use of the Rusk penitentiary
to pay their indebtedness.
The Penitentiary Board. after consultation with Major Goree,
Superintendent, and myself, decided it best to accept their prop-osition
and entered into a written agreement to that effect,
rather 'than risk the slow process of a law suit against them and
their sureties to collect the amount advanced them under the
supplemental contract for provisions and their deferred labor bills.
In accordance wit.h the terms of a written agreement entered
into between your honorable Board and Comer & Fairris, Major
A. E. Davis, of Walker county, was appointed on the part of the
State and Mr. A. J. Owens, of Cherokee county, was appointed
on behalf ot Messrs. Comer & Fairris, to take an inventory and
appraise the value of the property originally received from the
State by Comer & Fairris, and also the private property pro-posed
to be'turned over by them to the State to pay their indebt-edness.
Mr. R. A. Hendry, of Cherokee county, was afterwards
chosen as an umpire to settle matters of difference in the
valuation of property that the appraisers could not agree upon.
Whilst the terms of the original contract, as well as the agree-ment
entered into with them on September, 1884, providing for a
surrender of their contract, were plain and of easy comprehen-sion,
as regards the mode and manner of taking an inventory
and appraising the value of property proposed to be turned over
to the State, many difficulties and disagreements arOS3between
the appraisers. A good many of these differences of values were
settled by the umpire, but at the close of the appraisment there
were many points raised by Comer & Fairris which the ap-praisers
and umpire could not settle, and which were finally
adjusted by Messrs. Searcy and Tips, of your honorable Board,
and under their instructions I made a final settlement with
Comer & Fairris as per statement, namely:
/
48 PENITEN'l'IARY REPORT.
To amount of property turned over to Comer & Fairris, as per in-ventory
first January, 1884 . ' , $212,895 24
To amount of our account against them ,..... 33,329 47
To amount of cash paid them on settlement , ' 3,084 19
$249,308 90
$249,308 90
As will be seen from the above, their account against the State
for property returned, which was charged to them in the origi-nal
inventory, and for their private property turned over to the
State, and for their account for work done, provisions, etc., and
permanent improvements made by them, amounted to $3,084.19
more than the amount of the original inventory charged to
them, and our account against them for labor and cash ad-vanced
to pay for provisions, etc., which amount was paid by
me on settlement tenth December, 1884. Messrs. Searcy and
Tipps agreed, by way of compromise with them to get a settle-ment,
to take some lumber they had at their mill, near Alto, in
Cherokee county, allowing $10per thousand feet for first class,
$7 for second class, and $4 for rough edged lumber, at the mill.
They state that they have about 200,000feet, and it was agreed
this lumber should be measured and classified by two disinter-ested
parties, one to be chosen by Comer & Fairris, the other
by the State. We will have to pay, probably, $1500 for this
lumber, which was not included in the above settlement with
them.
Since the surrender of Comer & Fairris' contract on the tenth
September, 1884,a portion of the convicts at the Rusk peniten-tiary
have been employed cutting wood, hauling wood and
burning coal, and in rebuilding the dam for water supply, while
but little work has been done to bring in any revenue to the
State. As shown by my books from the sixteenth May, 1883,to
the first of November, 1884, the Rusk penitentiary is debited
with cash paid by me for salaries of officers, employees, ser-geants
and guards, for provisions, and for clothing, shoes, and
bedding; etc., shipped from Huntsville, $97,844.23;and is credited
with cash received from Comer & Fairris for hire of convicts
and for miscellaneous labor, work done in shops, etc., $14,089.24,
leaving a balance to the debit of said prison on the first of N0-
By amount of property returned by Comer & Fairris belonging to
the State $212,171 38
By amount of their private property turned over.. . 33,016 01
By amount allowed them. for permanent improvements, by the
Penitentiary Board ... ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,130 60
By amount of their account against the State ' ,... 2,980 91
PENITENTIARY REPORT. 49
vember, 1884,of $82,799.99,over and above receipts. This prison
should be credited by the a~ount of the balance of the account
against Comer & Fairris, viz: $26,647.63,which was charged b.y
me to the Rusk penitentiary as the advances were made. ThIS
would properly leave a debit of $56,152.36on the first of Novem-ber,
1884,over and above receipts. '.
In October, 1884,we had partially agreed upon a contract WIth
Mr. E. Culverhouse, superintendent and manager of the K. &
G. S. L. R. R., to build about twenty-four miles of r~ilroa~ from
near Alto, in Cherokee county, to form a connection Wlt~ t~e
East and West Texas Narrow Gauge Railroad near Lufkin, m
Angelina county, but before arrangements were concluded, ~r.
Stevenson, of New York, the principal owner of the road, died,
and negotiations have been stopped for the present. Could we
have closed this contract it would have given us employment,
for three months at least, for our surplus convicts at Rusk,
which are now and will be, a dead expense to us until we can
find other omployment, or the State is in a situation to com-mence
running the furnace. Under instructions o~ yo~r ~ono:-
.able Board, Major Goree, Superintenuent of Penitentiaries, IS
now in correspondence with a thoroughly posted furnace and
iron man with a view to get him to visit Rusk and make a
thorough' examination of the furnace, iron ~re, lime rock, etc.,
and to gi,ve us a definite idea of the capacity of ~he f~rI:ace,
richness of ore and the probable cost of manufacturing pig Iron.
There is no doubt in my mind as to the quality and quantity of
iron ore, and the question of wood for charcoal, and lime r?ck
are the most serious obstacles we will have to contend Wlt~.
The present railroad facilities, and the .high freight rates on pIg
iron to markets outside of the State, WIllnot allo;v of the man- ,
ufacture of pig iron at Rusk, I fear, so as to realize any. p~ofits
from its sale. It will cost us about $14per ton to make pIg Iron,
which is worth in St. Louis on present market from $16.50 to
$]8, owing to quality, and the best rate cf freight we can at
present get to St. Louis is $6 per ton. The State, h.ow:ever,has
too much invested in this furnace and other buildings, ma-chinery,
etc., at Rusk, to think of abandoning th~ iron enter-prise.
Owing to the present condition of the Iron. m~rket
throughout the United States, which has caused t~e maJor.lty of
the pig iron furnaces to close operations for the time, I WIll ad-mit
that it is an inauspicious time for the State to commence
this industry at Rusk; yet we should remember that owing to
the depressed condition of the money m~rke.t, and. the g~neral
stagnation and dearth in the iron trade, It WIllbe impossible to
50 PENI'fENTIARY REPORT.
obtain responsible and reliable parties to contract for these in-dustries
at this prison, and pay us such prices for convict labor
as would be sufficient to meet all the expenses, without any
profit on the labor whatever. If the State would run the furnace
for a sufficient time to prove that the iron industry at Rusk can
be made a success, we might then be able to make a favorable
contract with outside parties, if it was deemed the better policy,
than to run permanently on State account.
Whilst I do not profess to know anything about this piG'iron
. 0 mdustry, I am fully convinced that the manufacture of pig iron
alone will never pay at Rusk until we have better railroad fa-cilities
and a great deal cheaper rate of freights to the principal
markets of the country. To overcome this. I would suggest
that the better policy would be to establish shops and foundries
there for the making of car wheels, heating and cooking stoves,
hollow ware, castings of all kinds, water pipes, plows, etc.
With these adjuncts, we could utilize our product of pig iron,
and could, in my opinion, after working up a trade for these ar-ticles,
dispose of all such products in Texas, Louisiana, Arkan-sas
and Mexico, at remunerative prices. I am not sufficiently'
informed upon the industries mentioned to give you a correct or
reliable estimate of the amount that would be required for the
State to successfully engage in them, but think that, with our
present foundry and other machinery, $30,000 would purchase
the necessary additional machinery and enable us to add the
shop rooms needed. If the State should conclude to run the fur-nace,
it should, by all means, buy up a quantity of land for coal-ing
purposes at suitable points, as this will be the heaviest ob-stacle
we will have to contend with in the future running of the
furnace. At least $20,ono should be invested in timbered land
for coaling purposes. It will require at least $50,000 to buy
teams and pay expenses until we can get these industries into
successful operation, and $50,000to enable us to carry raw mate-rial
and manufactured goods until we can build up a trade for
them and get the industries established upon a self-supporting
basis. 0
SUHPLUS LABOR.
Owing to short crops in both 1883 and 1884, the stringency of
money matters, and the general decline in both the passenger
and freight traffic of the different railroads in the State, the
convict trains hired to the roads have been reduced from four-teen
to four trains, and number of working men on them from
fifty to forty upon an average. In January, IH84, they reduced
the price of section hand labor from $1.25 to $1.15per day, and
PENITENTIARY REPORT. 51
during the present year they have discharged a great many f::ee
la borers, as well as returning the majority of our convict trams
to us. There is no prospect of employing any of our surplus
labor on railroad construction trains before next summer, if
then, and the question naturally presents itself, what shall w.e
do with our surplus labor to make them self-sustaining, and If
possible, yield some revenue to the State? We cannot hire them
for wages on farms at prices that would support them. After
consultation with your honorable Board, we have entered into a
contract with Mr. Wm. Hearne, near Hearne, and Col. John D.
Rogers and James A. Hill, near Millican, for three years,. to
work their plantations in the Brazos bottom on the shares, WIth
what we usually call second class negro convict men, and boys
such as we cannot hire for wages at prices sufficient to support
them. 'We will work about one hundred of this class of labor
on Mr. Hearne's place, cultivating about twelve hundred acres
in cotton and four hundred acres in corn; and about seventy to
seventy-five convicts of same class labor on Messrs. Rogers &
Hill's place, cultivating about eight hundred acres in cotton and
two hundred acres in corn .
. We have also contracted for one year (1885) to work the plan-tations
of Messrs. J. T. Garrett, Scott Field and Henry Ivey,
near Calvert, and the plantation of Captain T. C. Clay, near Mil-lican
with white and Mexican convicts that have been returned
from' the railroads. We will work for Messrs. Garrett, Field
and Ivey about eleven hundred and forty acres, planting nil~e
hundred in cotton and the remainder in corn; and for Captain,
Clay about one thousand acres, planting eight hundred in cot-ton
and two hundred in corn, and will employ about eighty con-victs
on the first and about seventy on the latter place.
The farmers under these contracts furnish land free of rent,
tools, wagons, etc., and forage for teams, the necessary prison
buildings, gin houses, gin stands and cotton presses to gin all
cotton raised on the place. They also transport the convicts to.
and from Huntsville free of expense to the State, and transport
all supplies of every kind for guards and convicts from nearest
railroad depot to their farms. We furnish the convict labor and
guards, clothe and feed them, and pay all expenses incident to
the guards and convicts. All crops of both cotton and corn are
to be equally divided between the farmers and the State, the
farmers delivering our share of the crops, free of charge, to the
nearest railroad depot for shipment. In addition to one-half of
all crops raised Mr. Hearne pays us a yearly bonus of $1000,
Messrs. Rogers & Hill $800,Messrs. Garrett, Field and Ivey
·52 PENITENTIARY REPORT.
and Captain Clay $500, each on their contracts. It will cost us
abo~t $14.00 per month per convict to guard, feed, clothe, shoe,
furm.sh bedding, medicines and medical attention, etc., for the
convicts employed. During the present bad crop year these
farms, poorly worked by free labor, have made three-quarters
?f a bale of cotton, and about forty bushels of corn, per acre;
in a good crop year these lands generally average one bale of
cotton and about fifty bushels of corn, and often make more-consequently,
with a short crop year the convicts employed will
overpay expenses, and with a good crop year will net us a hand-some
profit.
PROBABLE Fu·rURE RESOURCES AND EXPENSES.
When I first assumed my duties as Financial Agent of the
penitentiaries, on sixteenth of May, 1883, I drew from the Comp-troller,
upon requisition approved by your honorable Board,
$25,000, to meet our current expenses until OUr first collections
were made for the hire of labor on farms and railroads. On
fifteenth of March, 1884, I deposited in the State treasury
through the Comptroller, $50,000, to be placed to the credit of
the penitentiaries, to be drawn against as needed. I have since,
up to the first of November, 1884, drawn out on requisitions, ap-prov~
d b~ your honorable Board, $20,000, which leaves to my
-credit with the State Treasurer the sum of $5000, over and
above the original $25,000 drawn by me from the Comptroller in
May, 1883.
Our available resources from first of November, 1884, to the
first of November, 1885, will approximate:
H~re conv~ct labor on farms, $13,500per month $162,00000
HIre convict labor on four railroad trains, $4500per month....... 54,t)0009
H~re conv~ct labor, Wiggin, Simpson & Co., $1100per month... . 13,20000
HIre convict labor, H. C. Still & Bro., $500 per month............ 600000
Miscellaneous labor, sale of goods, etc., $3000per month....... 36:00000
Total. . . . . .. '" $271,20000
This is a probable statement of resources as based upon the
present number of convicts hired out for wages, and the prob-able
amount of work to be done in shops, sales of goods, etc.,
and may be increased, if we should be able to hire out more
convicts for wages, or diminished if any of the convicts we now
have hired out are thrown back upon our hands.
Our expenses at the two penitentiaries and outside camps, in-cluding
the four farms on the Brazos we have contracted to
work on the shares, for same period, will approximate $25,090
PENITENTIARY REPORT. 53:
per month, or $300,000 per year. This makes no allowance for
the purchase of lumber, material or machinery for any of the
shops at either penitentiary.
With the amount of all approximate resources, and the cash I
now have on hand the first of November, 1884, I feel confident
we can meet the current expenses of the penitentiaries for the
coming twelve months. From sales of cotton raised upon the
farms we have contracted to work on shares, we will begin to.
realize by the first of September, 1885.
RECOMMENDATIONS AND SUGGESTIONS.
In the revocation of the leases of the penitentiaries made to.
Cunningham & Ellis and Morrow, Hamby & Co., the sentiment
and policy of the people of the State, as voiced by a majority of
the Eighteenth Legislature, was "to confine all convicts within
the walls of the penitentiaries, as soon as suitable buildings can
be provided for their confinement, and employment in such man-ner
as they will be self-supporting." My connection with the
penitentiary commenced on the first of January, 1878, at which
time 1492 convicts were turned over to Cunningham & Ellis, at
the beginning of their first lease. The number has gradually
increased, until we have on our prison records, the first of No-vember,
1884, 2539 convicts. In this same ratio of increase, in
two years more we will have on hand about 3000 convicts. At
the Huntsville and Rusk penitentiaries we have prison capacity
and cell room sufficient to accommodate comfortably about 1500
convicts, which is only a very little more than half of our prison
population; but our yard and shop room, at both these prisons,
is not near sufficient to work properly and profitably this number
of convicts, if the different industries are run to their full capa-city.
The question very naturally presents itself, what are we
to do with our prison population? Our Legislature should devise
and adopt some positive and definite plan for the future. If the
policy of confining all the convicts within the penitentiary walls
is to be adopted, appropriations should be made to build addi-tional
penitentiaries, and when this is done, the State should by
all means locate any future penitentiaries that may be built at
such railroad centers in the State as will give the proper trans-portation
facilities, and a competition in freight rates on sup-plies
and raw material that will have to be brought to them, and
such manufactured articles as will have to be shi

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